1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On January 6, 2015, the Plaintiff entered into a contract to purchase a commercial building listed in the separate sheet (hereinafter “instant commercial building”) from the Defendant for KRW 953,040,000 (hereinafter “instant sales contract”), and paid KRW 20,000,000 in advance around December 18, 2014, and paid the remainder of KRW 933,040,000 until January 23, 2015.

B. The Plaintiff did not pay any balance under the above sales contract until the payment date.

[Reasons for Recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. In order for the Plaintiff to pay the balance under the instant sales contract, the Plaintiff should have received money as security for the instant commercial building.

Therefore, the Plaintiff confirmed whether it is possible to grant a loan to C, a sales agent for the Defendant, and C concluded the instant sales contract on the condition that the remainder should be appropriated for a loan from a financial institution, since C was able to grant a loan from a financial institution.

However, since the commercial building of this case is not clearly distinguished from a financial institution, it is impossible to grant a loan from the financial institution. The plaintiff cancelled the sales contract of this case due to the reasons attributable to the defendant

B. The instant commercial building existed, and the Defendant did not notify the Plaintiff thereof.

C. Each of the above actions by the Defendant constitutes a fraud by deception, and the Defendant must return to the Plaintiff the down payment of KRW 20,000,000 according to the instant sales contract.

3. Determination

A. According to the statement of evidence No. 3, and witness D of the trial party, if 60% of the sales price is to be loaned to the sales advertisement of the commercial building of this case, the actual investment amount after deducting the loan and the deposit from the sales price is indicated as KRW 309,760,00, and the Plaintiff is able to make an intermediate payment and remainder loans from C, a sales agent for the commercial building of this case.