1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “B”) was the implementer of a new construction project of “F” officetels (hereinafter “instant officetel”) on the ground, such as Gangseo-gu Seoul Metropolitan Government E, and entered into a land trust contract with G (hereinafter “G”) and management-type land trust contract.

On January 18, 2018, Defendant C Co., Ltd. (hereinafter “C”) entered into a sales contract with Defendant B for the instant officetel sales agency. B. On September 20, 2018, the Plaintiff entered into a sales contract with Defendant B (seller) and Defendant B (project implementer) for the instant officetel H with the selling price of KRW 344,950,000 (hereinafter “instant contract”) and paid down payment of KRW 34,495,000.

【Fact-finding without a dispute over recognition, Gap evidence Nos. 1, 2, and 13, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff informed Defendant C employee I of the circumstance that it is possible to conclude a contract only when an intermediate payment can be loaned to Defendant C employee I, who is a private party to the sales agency, and the above I is 10% capable of an intermediate payment loan.

The contract of this case was entered into with a fence.

In this regard, the Plaintiff’s request for a loan of part payments was rejected on November 26, 2018, and the contract of this case was cancelled or cancelled on the grounds of change of circumstances on the grounds of an expression of intent based on mistake.

Defendant B shall return the amount equivalent to the down payment to the Plaintiff as an unjust profit.

2) First of all, Defendant B did not bear the contractual liability of this case.

Therefore, according to the evidence evidence Nos. 1 and 13, G of this case is acknowledged as having been liable to the seller only within the scope of the trust property and trust contract, and as the actual business entity, including the obligation to return the price when cancelling the trust contract concluded between Defendant B and G, Defendant B bears all the responsibilities and obligations of the Defendant B. Thus, Defendant B is liable for the cancellation or cancellation of the instant contract.