1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

1. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, the following shall be amended and the judgment on the conjunctive claims added by the plaintiff in this Court shall be added.

The "100 million won" shall be adjusted to "100 million won" for two pages of the first instance judgment, 8, 13, and 100 million won.

The 5th sentence below the 3th sentence of the judgment of the first instance shall be subject to the "paragraph 8........ of the special agreement".

5 below the 5th day of the first instance judgment, “The premium of KRW 90,000,000” shall be raised as “the premium of KRW 90,000,000”.

2. Judgment on the plaintiff's conjunctive claim

A. 1) The Defendant, by deception such as falsely notifying the Plaintiff of the sales amount, etc. of the instant marina, concluded the instant transfer contract by allowing the Plaintiff to set the premium at KRW 90 million, which shall be deemed to be a tort going beyond social norms. As such, the Defendant is liable to compensate the Plaintiff for the following losses incurred pursuant to Article 750 of the Civil Act. 2) The monthly average sales for seven months from June 2015 to December 2015 after the Plaintiff acquired the instant marina, are merely KRW 38 million.

The Plaintiff paid KRW 90 million to the Defendant on the premise that monthly sales amounted to KRW 60 million. Thus, if monthly sales amounted to KRW 38 million, it is reasonable to pay KRW 57 million as premium (= KRW 90 million ± KRW 38 million ± KRW 60 million).

Therefore, the Plaintiff suffered property damage equivalent to KRW 33 million (= KRW 90 million - 57 million) due to the Defendant’s tort.

3. In addition, the plaintiff is living in the pain of a day due to the above tort committed by the defendant. Thus, the defendant stated the plaintiff as consolation money of 33 million won as the plaintiff in the application form for the claim of this case and for the addition of the cause of the claim. However, although the amount of the preliminary claim is KRW 6 million, the amount of the preliminary claim is KRW 66 million, and the amount of property damages is three.