1. The defendant shall pay 79,320,000 won to the plaintiff and 15% per annum from July 4, 2017 to the day of complete payment.

1. Basic facts

A. On July 2, 2016, the Plaintiff entered into the following sales contract (hereinafter “instant sales contract”) with the Defendant on the B-A-type and 131A-type B-type sold by the Defendant.

(1) Subject matter of sale: 130A and 131A (2): Total supply amount: 108,50,000 won (130A), 89,800,000 won (131A)

B. The Plaintiff paid the Defendant totaling KRW 79,320,000 to the down payment and the first intermediate payment of the instant sales contract.

[Reasons for Recognition] Unsatisfy, Gap 1, 2 (including the number of branch); the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff entered into the instant sales contract without approval for sale, and the Plaintiff did not obtain approval for sale from March 2017, which was the date of completion of the instant sales contract, until the expiration of one year from March 2017. Thus, the instant sales contract is impossible to implement

The plaintiff cancelled the sales contract of this case through the delivery of the complaint of this case, and the defendant is obligated to pay the purchase price and the damages for delay paid to the plaintiff as restitution.

B. Although the Defendant omitted the sales management plan of the rural tourism and resort site when submitting the tourist farm development plan at the proposal, the Defendant, upon obtaining approval for the alteration of the sales and operation plan of the rural tourism and resort site, may lawfully sell the land to the Plaintiff.

In November 2017, the defendant is scheduled to apply for approval of change to the sale and operation plan for the patrolmen, and the civil works for the creation of tourist farms are scheduled to be completed after the end of March 2018.

The instant sales contract, even if it was temporarily impossible at the time of the formation of the contract, can be confirmed as being able to be performed prior to the due date.

3. Determination

(a) that the performance of an obligation is impossible is not simply absolute and physical impossibility, but also through experience rules or transactions in social life;