1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 12, 2013, the Plaintiff purchased KRW 236,00,000 from Gangwon-gun D or E (hereinafter “instant land”) on the part of the Defendant on behalf of the Defendant, and concluded a sales contract with the Plaintiff to pay KRW 20,000 out of KRW 36,000,000, excluding KRW 11,000,000 paid until the date of the contract, out of the down payment of KRW 36,00,000, the remainder of KRW 5,000 on the date of the contract, and the remainder of KRW 5,00,000 until June 21, 2013, the intermediate payment of KRW 20,000 until August 31, 2013, the remainder of KRW 180,000,000 should be paid until March 31, 2014 (hereinafter “instant sales contract”).

The Plaintiff intended to construct a new building on the instant land, and the road on the F land located adjacent to the instant land is cut and thus, there is concern that the construction activities on the instant land might be impeded. The Plaintiff and C, as the special terms and conditions of the instant sale, provide that a seller takes measures to ensure that the use of the instant land is not abnormal in the mid-term road (Article 3 of the special terms and conditions), and the “this land is for the purpose of the construction by the buyer, so if the buyer fails to obtain the permission, the down payment shall be refunded without compensation.

(Article 4 of the special agreement, hereinafter referred to as "the special agreement of this case") is defined as "the special agreement of this case".

B. The Plaintiff’s KRW 1,00,000,000, April 19, 2013, which was prior to the instant trade, to the Defendant for the same year.

5. After paying KRW 10,000,000 on June 12, 2013, which was the date of the instant trade, paid KRW 20,000,000 on June 12, 201, and KRW 20,000 on June 21, 201.

C. On January 3, 2014, the Plaintiff sent to the Defendant a certificate of content that the instant purchase and sale was cancelled, but did not reach the Defendant, as it was returned.

On February 13, 2014, the Defendant received the F’s written consent for road use from the owner of the land, and sent it to the Plaintiff via Nonparty G.

On April 17, 2014 and April 25, 2014, the Defendant has prepared documents for permission based on the terms and conditions of the instant trade agreement to the Defendant.