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.

1. Basic facts

A. On February 23, 2008, the Plaintiff purchased from the Defendant the amount of KRW 252 million (the contractual amount of KRW 27 million, the remainder of KRW 225 million, and the remainder of KRW 25 million) of Gangwon-gun C Forest and KRW 47,306 square meters and KRW 48,099 square meters of D forest (hereinafter “C forest and KRW 48,09 square meters”) in order, and stipulated the following special agreement:

Matters of special agreement

1. The down payment (27 million won) shall be deposited on February 25, 2008 after checking the boundaries of C or D forest land;

2. He/she shall exclude the portion of the cemetery of his/her clan D from 500 square meters (the edge boundary of his/her location). Other graves shall be held liable for the seller’s responsibility and shall be removed;

(Civil, Criminal Liability)

3. Any balance shall be paid immediately after the relocation of a grave ends.

B. On February 25, 2008, the Plaintiff paid the Defendant KRW 27 million as down payment, and KRW 50 million as part of the remainder on March 28, 2008.

C. On April 17, 2008, the Defendant buried 11 graves scattered in each of the above forests and fields (hereinafter “other graves”). However, the clan graveyard was not changed.

On the other hand, the clan cemetery is located in the north-dong, not adjacent to the boundary of D forest land.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 3, the purport of the whole pleadings

2. Determination

A. As to the assertion premised on the obligation to change the clan cemetery, the Plaintiff did not request the Defendant to change the clan cemetery into the end of D forest land due to a special agreement at the time of the above sales contract. Thus, the Plaintiff cancelled the sales contract on the ground of the Defendant’s delay of performance or rejection of performance. Accordingly, the Plaintiff sought payment of KRW 1.4 million in total with KRW 77 million in the purchase price already paid due to restitution of the original state as well as KRW 27 million in compensation for damages.

The testimony of the witness E of the first instance court, which seems to correspond to the above, as to whether the defendant has agreed to give a clan disability, shall be written in accordance with the evidence No. 1, No. 4, and No. 1, respectively.