1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The reasoning for this Court's explanation is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and such reasoning is cited as it includes summary words under the main sentence of Article 420 of the Civil Procedure Act.

Plaintiff’s assertion

The summary of the judgment of the court below is that the defendants jointly pay to the plaintiff 803,325,239 won (=the remainder of KRW 107,705,00 and KRW 695,620,239) paid to the plaintiff as a result of the plaintiff's performance of duty to restore, and the total of KRW 49,164,310, including acquisition tax and fees paid by the plaintiff for the plaintiff for the performance of the sales contract, and KRW 107,705,00 (the amount equivalent to 10% of the sales price under Article 4 subparagraph 3 of the sales contract of this case) as a result of the cancellation of the sales contract due to the defendants' cause attributable to the defendants, including KRW 107,705,00 (the amount equivalent to 10% of the sales price under Article 4 subparagraph 3 of the sales contract of this case) and damages for delay.

The Plaintiff, upon the Defendant’s revocation of the instant sales contract by deception, concluded the instant sales contract with the Defendants to believe that the employees of F Co., Ltd. F, a sales agent, concluded the instant sales contract with the Plaintiff for the purpose of gaining rent and profit from the sales of the instant commercial building on the first floor G G, which became final and conclusive to the Plaintiff. Before the payment of the balance, the Plaintiff promised to provide the remainder from the employees of the sales agent and paid the remainder to the Defendants.

In addition, the Defendants advertised the instant shopping mall as if the salesroom occupants were determined through the sales advertisement, etc.

However, at the time of the conclusion of the instant sales contract, there was no fixed sales store of coffee stores at the time of the conclusion of the instant sales contract, and thereafter, a coffee store was sold only to the first floor G commercial building, and no sales store was made in the instant commercial building.

Thus, the sales contract of this case is the defendants and the defendants' performance assistant.