1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 30, 2010, the Plaintiff and C, their wife, purchased the instant land in KRW 176 million and completed the registration for transfer of ownership by purchasing E and the building on the land in KRW 580,00,000,000,000,000,000 for E and Gyeongnam-gun, the agent of D (hereinafter “instant land”).

B. On April 16, 2011, the Plaintiff entered into a construction contract with the Defendant to newly construct the 140 square meters of the instant land (cafeterias and fences) in KRW 340 million (hereinafter “instant contract”). On April 16, 2011, the Plaintiff paid to the Defendant KRW 15 million in total, as a down payment and advance payment, KRW 50 million (hereinafter “instant contract”).

C. On April 201 to May 5, 201, the Defendant removed the ground buildings located on the instant land.

On October 201, the Plaintiff and C obtained a building site adjacent to the instant land from Gyeongnam-gun G (hereinafter “instant adjoining land”) and completed the registration of ownership transfer.

E. Around November 201, the Plaintiff requested the H Design Office for the construction design. He listened to the horses that it is practically difficult to construct a restaurant on the instant land from the said office, and decided to build retail stores and multi-family houses instead of a restaurant and multi-family house. Around March 26, 2012, the Plaintiff reported that one unit of multi-family house and one unit of retail stores were built on the instant land adjacent to the instant land. A building report was accepted around that time.

【Ground of recognition】 The fact that there is no dispute, entry of Gap 3 through 6, fact-finding with respect to the head of the Si/Gun of this court, the whole purport of the pleading

2. The gist of the Plaintiff’s assertion was well known that the Defendant could not construct a pent and a restaurant on the land of this case, by deceiving the Plaintiff to construct a pent and a restaurant, and by deceiving the Plaintiff, thereby deceiving the Plaintiff to acquire KRW 15 million from the Plaintiff. As such, the Plaintiff sought payment of KRW 150 million as compensation for damages arising from the above tort to the Defendant.

In addition, after the Defendant entered into the instant contract with the Plaintiff, it is a restaurant.