1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

. Facts of recognition.

A. After constructing the 15th floor building (hereinafter “instant building”) on the ground of the Nam-gu Incheon Metropolitan City D, the Defendants carried out a business of selling profit-type officetels and hotels (hereinafter “instant business”) by using the K non-real estate trust company (hereinafter “K non-trust”) as a fund management trust company. On October 9, 2016, the Defendants posted a sales advertisement with the following contents, in order to sell the instant building in lots:

14 million tourists and enterprises will offer full profits with an annual average of 117.2% nationwide of the annual average of 15 days of accommodation cards, VIP members card, domestic representative tourers, and Chinese, SOU monopoly, with a fixed annual average of 15 days of accommodation, for 13% of profits (50% of security loan) accrued (10% of the contract amount, 50% of the intermediate payment interest) or 13% of profits accrued from the completion of 700,000,000 won and monthly rent of 1.4 million won.

B. On October 10, 2016, the Plaintiff visited the sales office of the instant business, and heard explanations on the instant building from F and G, an employee of the business entity that entered into a sales agency contract with the Defendants, and deposits KRW 5,00,000,000 in the account transfer, account transfer, account transfer, account deposit: KRW 5,000,000,000, and return return choice: KRW 700,000,000,000 in the same day. The Plaintiff deposited KRW 5,00,000 out of the contract deposit with the trust account of the same day.

C. The allocation degree of the notice for sales guidance placed in the sales office of the instant project is indicated as follows: “The instant building consists of hotel A, B, C, and D4, and officetels A, B, and C3, with the content that the structure and size of each type are different, and officetels is placed between the second and fifth floors, and hotels are placed between the sixth and fifteen floors.

On the other hand, H on the other hand, 2016.