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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for amendments or additions as follows. Thus, this is accepted pursuant to the main sentence of Article 420 of the
[Supplementary and additional parts] Plaintiff’s preliminary assertion (from 16 up to 9 pages 16 up to 9 pages) shall be made as follows:
1) Article 6(2) of the sales contract of this case provides that the Plaintiff may rescind the contract when the Defendant fails to carry out the matters stipulated in the contract, and Article 3(2) provides that the Defendant shall obtain a modified approval for the development plan of a tourist destination pursuant to the relevant law.
However, the defendant is unable to perform the obligations provided for in Article 3(2) because the defendant obtained the approval of the change of the plan for the creation of a tourist destination with the conditions of approval that are virtually impossible.
Therefore, the Plaintiff’s rescission of the instant sales contract pursuant to Article 6(2). As such, the Defendant is obligated to pay the aforementioned KRW 2,222,505,00 as restitution and compensation for damages.
[Attachment 3] The Plaintiff and the Defendant concluded a sales contract on the premise that the closure of an authorized seal collection place at the time of the instant sales contract was made. Since six years have not yet passed since then, the purpose of the sales contract is not to commence the development of a tourist destination, which is a significant change in circumstances that could not have been anticipated at the time of the contract. Therefore, the Plaintiff cancelled the contract due to such change in circumstances as above, and the Defendant is obliged to pay the above 2,22,505,00 won and damages for restitution and damages (the third preliminary claim) as follows.
The fact that the defendant obtained the approval of the change of this case from Gangwon-do is earlier.