1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The expenses incurred by a claim for the expenses of appeal.

1. On October 3, 2014, the Plaintiff transferred KRW 5 million to the account of Defendant B’s community credit cooperative (hereinafter “instant real estate”) as the down payment in attached Form to the real estate (hereinafter “the instant real estate”) under Defendant C’s brokerage; the Plaintiff entered into a sales contract with Defendant B on October 4, 2014 and transferred the remainder of KRW 5 million to the account of the said community credit cooperative on the same day after the Plaintiff entered into the sales contract with Defendant B on October 4, 2014; and the content of the instant sales contract was to purchase the instant real estate from Defendant B with KRW 210,000,000,000,000 and KRW 40,000,000,000,000 from the above sales amount, and the fact that the Plaintiff was undergoing a compulsory auction with Busan District Court D at the time of entering into the instant sales contract is either disputing among the parties, or recognized by comprehensively taking into account the purport of evidence No. A and evidence No. 1 and No. 21.

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is as follows: (a) the Defendants deceptioned the Plaintiff; and (b) thus, (c) rescinded the instant sales contract and sought the return of KRW 10 million paid as down payment.

① The Defendants did not notify the fact that the procedure for compulsory auction is in progress on the instant real estate.

② Although Defendant C, as a real estate broker, was able to obtain additional loans up to KRW 70 million, it was practically impossible to obtain additional loans.

③ On October 22, 2013, at the time of the commencement of compulsory auction, the appraisal price of the instant real estate is KRW 1587 million, but the purchase price was KRW 210 million.

④ Separate from the purchase price of KRW 210 million, the Plaintiff succeeded to a loan of KRW 70 million and a security deposit of KRW 40 million.

B. (i) First, according to the respective descriptions of evidence Nos. 1, 2, 4 as to the assertion, the instant sales contract was concluded on October 4, 2014.