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

The purport of the claim and appeal is the purport of the appeal.

A. On July 7, 2015, the Plaintiff purchased KRW 108 of the first floor of the building in Kimhae-si (hereinafter “instant shopping mall”) from Defendant B in the brokerage of Defendant C, a licensed real estate agent, for KRW 400 million, and received the obligation to refund the lease deposit equivalent to the said amount between Defendant B and the purchase price, in lieu of the said payment, and paid KRW 40 million as the down payment by September 7, 2015, respectively, in lieu of the said payment by taking over the obligation to refund the lease deposit equivalent to the said amount. The Plaintiff paid KRW 40 million as the down payment, including the provisional contract deposit amount paid on July 6, 2015, to Defendant B as the down payment.

B. Meanwhile, at the time of the sales contract for the instant commercial building, Defendant B had leased the said commercial building to E with a deposit of KRW 10 million, monthly rent of KRW 1.5 million, and the lease period from November 3, 2013 to November 2, 2015, and E was in arrears with a monthly rent of KRW 10 million.

C. Since then, on September 8, 2015, the Plaintiff’s notice of September 8, 2015, containing the intent to cancel the sales contract of the instant commercial building on the grounds of deception by the Defendants, reached Defendant B on September 10, 2015.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3 (including paper numbers), Eul’s evidence No. 1, Eul’s testimony, and the purport of the whole pleadings

2. The Plaintiff’s assertion was not known at the time of paying KRW 10,000,00,000 as the provisional contract amount for the purpose of obtaining the lease income. ② The Plaintiff purchased the instant commercial building for the purpose of obtaining the lease income, and confirmed that there was no delinquency in the monthly rent from the Defendants at the time of the sales contract, but at the time of the sales contract, the Defendants asserted that there was delinquency in the payment of the monthly rent at the time of the sales contract, and, on the other hand, the Defendants urged the Plaintiff as to the overdue charge of the business registration and the monthly rent, and primarily, sought the return of the down payment against the Defendant B on the grounds of the cancellation of the sales contract.