1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the judgment by this court, which cited the judgment of the court of first instance, is as stated in the reasoning of the judgment of the court of first instance in addition to the application of Article 3-A and paragraphs (b) of the judgment of the court of first instance as follows, and thus, it is acceptable in accordance with the main sentence of Article

2. Parts to be dried;

A. In light of the following facts and circumstances which are acknowledged by adding the whole purport of the pleadings to the testimony of the witness Y of the trial court prior to the meaning of the instant special agreement, it is reasonable to view that “A” as stipulated in the instant special agreement as “B (construction of movables)” and “when the progress of the business is impossible due to the failure of the real estate sales contract to be completed” as stated in the instant special agreement as “B (construction of Movables)” and “when the construction of movables fails to complete the “sales contract” with all the owners of the land in the instant

1) Since it is essential to secure the project site in order to carry out the instant project, the purpose of the instant sales contract cannot be achieved unless the instant sales contract is concluded with all the owners of the S apartment and the 273 lots of land located in the instant project site in Busan-gu, Busan-gu, Busan-do. (2) The time when the instant sales contract was concluded is the initial period of the instant project, and it is difficult to view that contingent circumstances related to the performance of the contract, such as whether the PF loan was sexually created for securing the purchase price, were considered as grounds for cancelling the contract.

3. In the event that the instant project site is not secured even with land sellers, it was known that it is impossible to normally carry out the project. Therefore, it is reasonable to deem that a contract was concluded with all the owners to cancel the sales contract if the conclusion of the sales contract with all the owners is not feasible.

However, there is a special circumstance that the buyer agrees to include in the grounds for cancellation of the instant sales contract even if the progress of the business becomes impossible due to the buyer's circumstances, such as whether the PF loan was sexually formed or other landowners' non-cooperations.