1. The plaintiff's claim is dismissed.

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

1. The gist of the Plaintiff’s assertion is that the instant real estate was paid in lieu of the Defendant’s repayment of KRW 30,000,000 from February 2014, and the Plaintiff entered into a sales contract with the purchase price of KRW 37,00,000, and completed the registration of ownership transfer on March 19, 2014.

(hereinafter “instant sales contract”). At the time, the Plaintiff stated to the Defendant that “The real estate in this case was in urban planning as a river site as a result of the confirmation by the Land Use Planning Board,” the Defendant stated that “The Defendant was erroneous and confirmed that it was possible to grant a building permit from the competent authority.”

However, in fact, since the urban planning cannot be changed arbitrarily, it is impossible to grant the building permit, the real estate in this case was a land which has no value to be utilized at the beginning.

As a result, the Plaintiff entered into a contract with the Defendant, the Plaintiff’s rescission of the instant sales contract or cancellation of the contract for fraud.

Therefore, the defendant should pay KRW 37,00,000 to the plaintiff simultaneously with the acquisition of the ownership transfer registration procedure of the real estate of this case by the plaintiff due to the cancellation or cancellation.

2. Even if examining all evidence submitted by the Plaintiff regarding the cause of the claim, it is difficult to acknowledge that the Defendant had the cause of rescission of the contract or the cause of rescission of the contract, such as that the Defendant belonged to the Plaintiff as if the public official in charge of the instant sales contract, although the instant real estate was impossible to construct at the time of entering into the instant sales contract, or that the Defendant failed to comply with any agreement on the construction permit, and there is no other evidence to acknowledge it.

In addition, even if the plaintiff's assertion is deemed to include the revocation of his/her declaration of intent due to mistake, the plaintiff's assertion itself is also based on the plaintiff's own opinion, before entering into the contract.