The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On February 27, 2018, in order to establish and operate a private kindergarten, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 2.745 million in B in Gun-si, Gyeonggi-do (hereinafter “instant kindergarten site”), which is a kindergarten (hereinafter “instant sales contract”); and paid the Defendant the amount of KRW 274.5 million equivalent to the contract deposit (hereinafter “the instant contract deposit”).

B. On October 23, 2018, after the conclusion of the instant sales contract, the National Assembly proposed an amendment to the Private School Education Act, the Infant Education Act, and the School Meal Act. On January 13, 2020, the said amendment passed through the National Assembly, thereby amending the said Act (hereinafter “Revised Kindergarten 3 Act”).

On March 29, 2019, the Plaintiff sent to the Defendant a certification of the contents of the instant sales contract’s rescission and the return of KRW 2774,50,000,000,000 for the reason that the instant sales contract’s proposal falls under Article 5(2)2 and 9(3) of the instant sales contract, and the same year.

4. 1. The service was made to the Defendant.

Article 5 (Implementation, etc. of Development Projects) (2) Where the timing of land use is delayed due to the delay in construction works due to a cause attributable to a seller’s liability, a seller shall pay to a buyer an amount calculated by applying the rate of late damage under Article 2 to the purchase price already paid, or pay it instead after deducting the price to be paid by a buyer

Provided, That this shall not apply where a delay is made due to any of the following reasons without any reason attributable to the seller:

The progress of infrastructure projects, such as roads, water and ports, implemented by the State or local self-employed organizations in connection with the relevant development projects;

2. Amendment to the plans or policies of the State or local governments;

3. Natural disasters, such as natural disasters, such as typhoons, tidal waves and floods;

4. Excavation of cultural heritage, delay of consultation with relevant ministries, etc.;