1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On August 12, 2011, the Plaintiff entered into a sales contract for the sales right of the instant housing site with the content that the Defendant would purchase the sales right of the instant housing site from the Korea Land and Housing Corporation (hereinafter “instant sales right”) at KRW 33,00,000, with the content that the Plaintiff would purchase the sales right of the said housing site (hereinafter “instant sales right”) to be supplied by the Defendant as a person eligible for relocation from the Korea Land and Housing Corporation, by including the area of D district development project implemented by the Defendant and the Korea Land and Housing Corporation pursuant to the Housing Site Development Promotion Act.

B. On April 23, 2014, the Defendant: (a) caused an error that the Plaintiff could sell and purchase the instant sales right even though it was unable to sell and purchase the instant sales right; (b) concluded the sales contract of the instant sales right; (c) notified the Plaintiff of the cancellation of the sales contract of the instant sales right on the ground of mistake; and (d) on May 12, 2014, the Plaintiff deposited KRW 33 million as the depositee.

(Seoul District Court No. 1588, 2014). (c)

On May 20, 2015, the Defendant concluded a sales contract with the Korea Land and Housing Corporation to purchase the instant housing site at KRW 177,8930,000, and paid part of the purchase price.

The Housing Site Development Promotion Act applicable to the sale right of this case and the major contents of Enforcement Decree of the same Act are as follows.

[1] A person supplied with a housing site developed pursuant to this Act may not resell (including change of name, sale, and all other acts accompanying the change of rights, but excluding inheritance; hereinafter the same shall apply) the housing site as it is without using it for the purpose of its supply until the registration of transfer of ownership is made.

Provided, That the main sentence may not apply to cases prescribed by Presidential Decree, such as housing construction sites supplied for relocation measures.

(2) Where a person supplied with a housing site resells the housing site in violation of paragraph (1).