All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal ① Defendant A did not induce the victim to change the land category of the instant land by stating to the effect that “the victim would have changed the victim’s land category of 1,556 square meters (hereinafter “the instant land”).”

② Even if not, the Defendants knew that the instant land was the planned control area so that it could change its land category, and did not know the fact that the Civil Works Corporation was illegal, so at the time there was no intention of deception against the Defendants.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment.

2. Determination

A. In the event that the seller does not notify the buyer of any specific circumstance in relation to the sale and purchase of real estate, thereby causing interference with the buyer’s performance of the obligations arising from the sale and purchase and causing danger that the buyer would not secure rights to the subject matter, the seller concludes a sales contract and receives the purchase price without notifying the buyer of such circumstance. Meanwhile, in cases where it is evident in light of the empirical rule that the buyer would not enter into the sales contract or would not pay the purchase price if he was notified of such circumstance, the seller is obligated to notify the buyer of such circumstance in advance in accordance with the principle of good faith. Thus, the seller’s failure to notify the buyer of such circumstance should be deemed to constitute deception, which constitutes a constituent element of fraud.

(See Supreme Court Decision 2008Do1652 Decided May 8, 2008, etc.). The aforementioned legal doctrine, as seen earlier, concluded a sales contract by evaluating the subject matter of sale based on the changed form (i.e., the land category was transferred to the site, and the land category was used as a dry field) that is not the current state (i.e., the site) as well as the performance of obligations arising from the purchase and sale of the relevant property.