1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 27, 2015, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendant, stating that the Plaintiff would purchase the purchase price of KRW 1.5 billion, the down payment of KRW 300 million, the remainder of KRW 1.2 billion, and the remainder payment of KRW 1.2 billion, and the remainder payment of KRW 29,752m2 (hereinafter “instant land”).

The Plaintiff paid 300 million won to the Defendant the down payment under the instant sales contract.

B. The Plaintiff failed to pay the remainder of KRW 1.2 billion to the Defendant on July 27, 2015.

C. On September 27, 2016, the Defendant sent a content-certified mail to the Plaintiff that the instant sales contract was rescinded due to the delay in the payment of the remainder.

On September 29, 2016, the Plaintiff entered into a real estate sales contract with IMP franchise Co., Ltd. and IMM Co., Ltd. (hereinafter “IMP franchise, etc.”) to sell the instant land in KRW 1.9 billion.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff entered into the instant sales contract under the condition that the Defendant obtained the authorization and permission (hereinafter “instant authorization and permission”) to develop the instant land as a multi-unit housing complex.

However, after the conclusion of the contract, the defendant did not implement the procedure for re-authorization and permission.

Therefore, since the plaintiff entered into the contract of this case by fraud or mistake of the defendant, it shall be revoked.

As long as the above sales contract is revoked, the defendant is obligated to return the down payment of KRW 300 million to the plaintiff.

B. The Defendant decided to return KRW 300 million received from the Plaintiff to the Plaintiff when the instant land was sold to a third party.

Since the defendant sold the land of this case to TMP et al., it is obligated to pay KRW 300 million to the plaintiff.

3...