1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On September 13, 2013, the Plaintiff entered into a sales contract with the Defendant on the following grounds: (a) the form (at least 30% of the pattern distribution degree) in which the pattern of the same white leaf appears in the form (at least 30% of the pattern distribution degree) in which the pattern of the same white leaf appears in L1stro in the form (at least 30% of the pattern distribution), among the Defendant: (a) the Defendant was paid KRW 16 million to the Defendant on September 13, 2013.

B. After that, the Plaintiff entered into a sales contract with the Defendant on October 2013, with the content that he/she purchases from the Defendant one gym (referring to one gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium) (hereinafter “each gymnasium in this case”) and paid KRW 45 million to the Defendant on October 25, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. A. The summary of the Plaintiff’s assertion 1) The Defendant sold each of the instant club trees around 2013, and the Plaintiff concluded each of the instant club trees on July 2016 with the delivery of a preparatory document as of July 2016, 2016, where each of the instant club trees belongs to the Defendant’s deception, and the instant club trees did not go to a general leaf without any change in the pattern, among the leaves of the non-patatus in the shape newly generated. However, in fact, each of the instant club trees fell under the Defendant’s deception, and thus, the Plaintiff concluded each of the instant club trees.

3. On the other hand, the Plaintiff heard that the Defendant’s change was fixed with a double-wheeled body as above, and purchased each of the instant Dongbane in KRW 61,00,000.

However, according to the appraisal result, if each of the Dong Bao tree in this case becomes free of value at the time of purchase, the value shall be 5,600.