1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 1, 2018, the Plaintiff entered into a real estate sales contract with the Defendant on May 1, 2018 with respect to the purchase price of KRW 420 square meters, KRW 531 square meters, KRW 1,160 square meters, KRW 316 square meters, G forest, KRW 565 square meters, H forest, and KRW 15 square meters, and KRW 540 square meters (hereinafter “each of the instant lands”) with the content that each of the instant lands is paid on June 28, 2018 (hereinafter “instant sales contract”). The down payment of KRW 30 million is KRW 50 million, an intermediate payment of KRW 50 million, and the remainder of KRW 130 million, which is paid on May 4, 2018, respectively, (hereinafter “instant sales contract”).

B. On the date of conclusion of the instant sales contract, the Plaintiff paid each of the down payment of KRW 30 million to the Plaintiff, and the intermediate payment of KRW 50 million on May 4, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1, the Defendant, and J, the Defendant’s agent, obtained the permission to develop the entire land of this case from the Plaintiff at the time of entering into the instant sales contract. However, there is a limitation under the public law that allows construction only in cases where permission for development is granted with respect to the portion of 420 square meters and 531 square meters in each of the instant land among the instant land, and no facilities may be installed for any remaining parts. On the 531 square meters in the 531 square meters in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do., the part of the grave complex, which was created in K, is partially charged with the part of 540 square meters in a forest and field.

In the process of concluding the instant sales contract, the Plaintiff mentioned several times to the Defendant and J to build a pen on each of the instant land and run a lodging business. However, the purpose of the instant sales contract could not be achieved due to the said defect.

Therefore, the Plaintiff’s rescission of the instant sales contract pursuant to Articles 580 and 575(1) of the Civil Act, and the return of the down payment and intermediate payment paid to the Defendant under the instant sales contract, and the instant case.