On October 30, 2017, the Plaintiff entered into a contract under which the Defendant, a project implementer for the construction and sale of the building D (hereinafter referred to as “D”) was to purchase the instant building in KRW 827,890,000 (hereinafter referred to as “instant contract”).

B. At the time of the instant contract, E, a person in charge of parcelling-out of the instant building, explained to the Plaintiff that the Plaintiff is a store designated as a convenience store under subparagraph d and operated the convenience store directly from F, and the Plaintiff submitted an application for the sales contract to E by stating the desired type of business in subparagraph d as “convenience store.”

C. Around November 2017, E confirmed that it is possible to sell convenience stores in subparagraph D to the Plaintiff three times, and the Defendant also indicated that the first floor drawing of the instant building prepared on December 22, 2018 and June 17, 2019 is “the entry point confirmation” in subparagraph D.

However, the convenience store directly operated by the FF original company was not established in the first place. On December 2018, 2018, the Korea Fair Trade Commission approved the GG association's voluntary regulations, and therefore, it is impossible for the H convenience store to sell other convenience store because the H convenience store operating tobacco retail store exists in the ground.

E. On August 4, 2019, the Defendant, preparing a drawing of the 1st floor of the instant building, deleted the fixed term of shop occupants marked in D.

F. Meanwhile, pursuant to the instant contract, the Plaintiff paid KRW 413,945,00 in total to the Defendant during the period from October 30, 2017 to July 30, 2019.

2. The plaintiff's assertion

A. The Plaintiff concluded the instant contract with the Defendant’s belief that the FF store will be located in the FF store, but the FF store shop occupant.