1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation concerning this part of the underlying facts is that of the pertinent part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. On July 16, 2012, the Plaintiff asserted that the final and conclusive invalidation was caused by the rescission of an agreement or the refusal of the performance of an application for permission for land transaction permission, the Plaintiff and the Defendant agreed to cancel the instant sales contract by withdrawing the application for permission for land transaction permission, and even if the agreement was not rescinded, the Plaintiff asserted that the instant real estate was a land subject to the land transaction permission permission, and thus, it became final and conclusive by declaring the intent of refusal to perform the obligation for permission for land transaction

According to the evidence No. 4, the plaintiff and the defendant filed an application for land transaction permission with respect to the real estate of this case on July 2, 2012 with Pyeongtaek-gun, Gangwon-do, and it can be recognized that the application was withdrawn on July 16, 2012. However, the above recognition alone is insufficient to recognize that the contract of this case was null and void on the grounds that the plaintiff and the defendant agreed to cancel the contract of this case, or that they clearly expressed their intent to refuse to perform the obligation to apply for land transaction permission, and there is no other evidence to acknowledge it otherwise.

Rather, each of the statements in Eul evidence Nos. 2 and 3 and evidence Nos. 9 through 12 (including each number) can be comprehensively seen as follows, i.e., the Plaintiff paid the sales price of at least KRW 400,000 to the Defendant from July 18, 2012 to July 18, 2012; ② the interest on the secured debt of the right to collateral security established on the real estate of this case from September 2012 to January 2013, and ③ the Gangwon-do cancelled the real estate of this case from March 13, 2013 to March 13, 2013.