1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

1. The grounds for this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1) The Defendant: (a) granted or posted Kafags and banners to the effect that the salesroom occupants of the instant building became final and conclusive; (b) however, DF did not sell the instant building; (c) the Defendant, despite being aware that DF would not occupy the salesroom; or (d) failed to perform the Defendant’s duty to encourage DF occupants to purchase the salesroom. Therefore, the instant sales contract was rescinded on the ground of the Defendant’s nonperformance of obligation; (b) the instant sales contract was revoked on the ground of the Defendant’s deception; and (c) the instant sales contract was revoked on the ground of the Defendant’s deception; and (d) the Defendant’s act constitutes tort. Accordingly, the Defendant is liable to return the sales price to the Plaintiff by restitution, or to pay the amount equivalent to the sales price by damages. (b) According to the special agreement of the instant sales

However, since the Defendant started the construction of the instant building in May 2015, it should return the sales price to the Plaintiff according to the instant sales contract.

In addition, the defendant, including the plaintiff, notified the buyer of the reason for delaying the construction of the building of this case by fraudulent means, thereby preventing the buyer from filing a claim for the refund of the sale price.

Since these acts of the defendant constitute tort, the defendant should pay the amount equivalent to the sale price received from the plaintiff as damages.

3. The Defendant guaranteed the Plaintiff’s profit of KRW 50,00,000, monthly rent of KRW 2,301,000 through a written estimate delivered to the Plaintiff. However, the current lease price of the instant commercial building is KRW 30,00,000, monthly rent of KRW 1,500,000.