1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 25, 2003, the defendant is a company established for the purpose of retail business of stores management business and fishing, dried, and active fish, and issued 8,314 common shares at that time.

Around 209, the Defendant started to build a new building on the land listed in the separate sheet (hereinafter referred to as “instant building”) at the time of leisure, and on January 31, 2011, the registration of ownership preservation in the name thereof was completed.

B. From November 23, 2009 to January 15, 2010, the Plaintiff paid KRW 55,000,000 in total on three occasions to the Defendant (i.e., KRW 10,000 on November 23, 2009) (i.e., KRW 10,000,000 on December 23, 2009; KRW 35,000,000 on January 15, 2010). (ii) The Plaintiff and the Defendant paid the Plaintiff, the transferee, the Defendant, and the number of shares issued on January 15, 2010; and (iii) as the transferor and the transferee transfer and acquire the shares without title, the Plaintiff prepared the instant certificate of transfer and acquisition (hereinafter referred to as “the instant certificate of transfer and acquisition”) with the name and seal written on January 15, 2010.

【Ground for recognition】 Evidence Nos. 1 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 4, the purport of the whole pleadings

2. Determination as to the assertion on the refund of the sale price

A. On November 23, 2009, the Plaintiff asserted by the parties and the Plaintiff 1’s assertion that the Plaintiff was trying to give the Plaintiff the obligatory authority to use the stores located on the ground of the land D, E, and F, which are adjoining to the instant building. However, as if the Plaintiff would transfer the ownership of the stores within the instant building, the sales contract was concluded by deceiving the Plaintiff, and was paid KRW 55,00,000 with the sales price.

Therefore, the plaintiff cancels the above sales contract which was concluded by deception or mistake by the delivery of the duplicate of the complaint of this case. The defendant shall pay the sale price received from the plaintiff and the damages for delay.