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1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim shall be dismissed by this court.
Reasons
1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment as to the main claim
A. The Plaintiff asserts that the instant land purchased with the consent of the Defendant could not be reported for installation of wastewater discharge facilities, and that the instant land cannot be installed by the Defendant’s cause attributable to the Defendant, thus, the Plaintiff’s rescission of the instant sales contract on the grounds of nonperformance.
In order to cancel a contract for reasons of impossibility of performance, the impossibility of performance should be based on the cause attributable to the debtor. Thus, even if the impossibility of performance was caused by the cause attributable to the creditor, the creditor cannot rescind the contract for the reason of impossibility of performance.
(See Supreme Court Decision 200Da50497 Decided April 26, 2002, etc.). However, according to the evidence No. 4 and the video No. 5, it is recognized that the Plaintiff completed the registration of ownership transfer on July 6, 2016 with respect to the instant site on the ground of sale on July 4, 2016, the Plaintiff sent the address of the instant site to the Defendant in mobile phone text on July 4, 2016, and the Defendant sent the instant site to the Plaintiff in mobile phone text on July 8, 2016.
According to such facts of recognition, the Plaintiff appears to have known the address of the instant site to the Defendant in order to obtain the allocation limit from the Defendant immediately after the purchase of the instant site, and the above circumstance alone is insufficient to recognize that the Defendant was involved in the sale of the instant site or consented to the purchase of the instant site by the Plaintiff.
Rather, the ordinary real estate sales contract is a physical color and the payment of the purchase price until the registration of ownership transfer is completed.