1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Facts of recognition;

A. In Jeju-si, the Defendant (the appointed party; hereinafter “Defendant”) and the Appointor B (hereinafter “Defendant”) owned 1/2 shares, respectively.

B. On December 10, 2015, the Plaintiff concluded a sales contract with the Defendants to purchase the instant land in KRW 610 million (hereinafter “instant sales contract”) and paid KRW 60 million as the down payment on the same day.

Meanwhile, the payment date of the intermediate payment of KRW 140 million based on the instant sales contract is January 10, 2016.

(c)in Jeju, the entry of the same mining area is extending to C and D land, and it is not known whether the same mining area now moves into one direction.

According to the result of fact-finding by the court of first instance, it is unclear whether a building can be constructed on the ground of this case, and it is determined whether it is possible to construct a building on the ground of this case through the examination procedure of impact of buried cultural heritage experts in accordance with the Cultural Heritage Protection Act and the Enforcement Decree of the same Act.

[Ground of recognition] The fact that there is no dispute, the result of inquiry of the Jeju market by the court of first instance on the Jeju market, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff purchased the instant land to set up a farming shed or build a new building.

However, it was confirmed that the instant land had the entrance of the excavation, and it was practically impossible to set up a farmer's house or build a new building on the instant land because there was a high possibility of the excavation on the underground of the instant land.

For the following reasons, the instant sales contract was canceled or cancelled. The Defendants jointly and severally return unjust enrichment or restitution to the Plaintiff, which the Defendants received, to the Plaintiff, and the legal interest or delay damages therefrom.