1. The plaintiff's claims against the defendants are all dismissed.

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

Basic Facts

Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) is the executor of the new construction and sale of the commercial building located in Namyang-si, Namyang-si (hereinafter “instant commercial building”), and Defendant Grand Construction Co., Ltd. (hereinafter “Defendant Grand City”) is the starting work of the said new commercial building, and Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) is the trustee of the said commercial building.

On March 12, 2013, the Plaintiff entered into a sales contract with Defendant Samh Co., Ltd. to sell the instant shopping mall 108 (hereinafter “instant shopping mall”) at KRW 795,00,000 (excluding value-added tax) for the sales price (hereinafter “instant sales contract”) and completed the registration of ownership transfer in its name by May 16, 2014.

On the other hand, Defendant Samwon planted landscaping trees on the front floor of the commercial complex of this case.

[Grounds for recognition] The facts without dispute, Gap 1 through 10, Eul 1 through 10 (including each number), the plaintiff's assertion as to the purport of the whole pleadings, and Grand Jong-gu, the plaintiff, at the time of entering into the instant sales contract, did not notify the plaintiff of the fact that landscape trees are planted on the front floor of the instant commercial building and that the planting of the above landscape trees is a condition for approval for use of the entire commercial building of this case despite the duty to notify the plaintiff of the fact that the above planting of landscape trees is a condition for approval for use of the entire commercial building of this case. Furthermore, the plaintiff knew that the whole landscape trees were removed by actively extracting the above landscape trees, and led the plaintiff to make the sales contract of this case by promising that the rent rate would be set at 9.7%

The Defendant New Real Estate Trust bears the duty of care to prevent such deception as stated above, as the trustee and the fund manager with respect to the instant commercial buildings.