1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

1. Basic facts

A. On May 2, 2016, the Plaintiff entered into a sales contract with the Defendant on the first floor E (exclusive area of 76.96 square meters, public area of 51.4262 square meters; hereinafter “instant store”) of “D shop” located outside Busan-gu, and three lots (hereinafter “instant commercial building”) with the purchase price of KRW 1,120,000 (112,000,000 at the time of a contract, and KRW 112,000,000 on June 16, 2016, and KRW 112,00,000,000,000 on October 15, 2016, and KRW 112,00,000,000 on March 15, 2017, 2000,000,0000,000,000 won on September 10, 2017).

B. On May 2, 2016, the Plaintiff paid KRW 560,000,000 (hereinafter “base sales price”) to the Defendant on June 16, 2016, KRW 112,00,000,000, and KRW 112,000,000 on October 15, 2016, and KRW 112,000,000 on March 15, 2017, and KRW 560,00,000 on September 15, 2017 (hereinafter “base sales price”).

【Unfounded Grounds for Recognition】 Each entry in Gap evidence Nos. 1 and 2, and Eul evidence Nos. 7 (including each number, if any; hereinafter the same shall apply), and the purport of the whole pleadings

2. Judgment on the assertion that the sales contract was cancelled

A. The Plaintiff’s assertion 1) The Plaintiff is obligated to pay to the Plaintiff a total of KRW 616,000,000 (56,000,000 compensation for damages of KRW 560,000 according to the instant sales contract) and damages for delay on the following grounds:

The argument is asserted.

① Upon purchasing the instant store to the Plaintiff, the Defendant explained that the Plaintiff could engage in the instant sales business using the outdoor test, and the Plaintiff concluded the instant sales contract with the Defendant by falling under such deception.

However, in fact, since fire-fighting systems and fire-fighting teams, etc. are installed at the front of the entrance of the instant store (hereinafter “fire-fighting systems, etc.”), it was impossible to install theme and conduct business using it.

Therefore, the plaintiff should cancel the sales contract of this case due to fraud.

② The Defendant’s establishment of an outdoor test room, etc.