1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C is the owner of the building No. 101 mobile (hereinafter “instant real estate”) in Bupyeong-si, Busan, and the Defendant is a broker who operates a real estate brokerage office under the trade name of E real estate.

B. On October 24, 2015, the Plaintiff, as a broker of the Defendant, intended to purchase the instant real estate from C in the purchase price of KRW 140 million. The down payment of KRW 14 million was concluded on the contractual day, and the balance of KRW 126 million was to be paid on January 29, 2016 (hereinafter “instant sales contract”). Accordingly, the Plaintiff paid KRW 2 million out of the down payment on October 24, 2015, and the remainder of the down payment of KRW 12 million on October 26, 2015.

C. Meanwhile, with respect to the instant real estate, the registration for transfer of ownership in the name of F, which was the transaction value of KRW 179 million on the ground of sale and purchase as of February 15, 2016, as of the Incheon District Court Branch Decision 14219, which was received on February 15, 2016, was completed on December 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 7, 4-1, 2-1, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. Although the Plaintiff’s assertion by the Plaintiff 1 did not have expressed his/her intention to rescind the instant sales contract, the Defendant, while deceiving the Plaintiff on December 9, 2015, unilaterally remitted the instant sales contract amounting to KRW 14 million to the Plaintiff while rescinding the instant sales contract by deceiving the Plaintiff, and then disposing of the instant real estate in KRW 179 million to F, thereby having set up 39 million transaction profits.

As a result, the Plaintiff lost the profit to be repaid at least 14 million won, which is a part of the down payment, after concluding the instant sales contract and cancelling the sales contract. As a result, the Plaintiff lost the transaction profit of KRW 39 million, which the Plaintiff acquired and disposed of the instant real estate.

Therefore, the defendant is liable to pay the above 39 million won and damages for delay due to the tort.