1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff transferred KRW 2.5 million on November 16, 2010, and KRW 3 million on November 17, 2010, respectively, from the post office account under the name of the Plaintiff to the bank account under the name of the network C (hereinafter “instant account”).

B. On November 17, 2010, the Gangnam Police Station reported to the Plaintiff on November 16, 2010, that “The respondent in the name unexponed calls from the Plaintiff at the French Police Station, and made a false statement that he would sell the Plaintiff’s real estate as if he calls at the real estate office located in Daejeon and would sell the Plaintiff’s real estate. However, the respondent did not have the intent or ability to sell the Plaintiff’s real estate. The respondent deceiving the Plaintiff as such and deceiving the Plaintiff, thereby immediately from the Plaintiff, and continuously received KRW 2.5 million from the Plaintiff to the instant account under the same name as of November 17, 2010.”

C. On August 27, 2016, the deceased C died, and the Defendant solely inherited the network C as the wife of the deceased C.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff was offered in order to sell the Plaintiff’s real estate. The Plaintiff demanded KRW 500,000 to the Plaintiff at its own expense, and the Plaintiff transferred KRW 5,50,000 to the instant account. However, the network C did not have any intent or ability to sell the Plaintiff’s real estate, and even if it did not act as a broker, it did not return KRW 5,500,000. Therefore, the Defendant, the heir of the network C, is liable to compensate the Plaintiff for damages arising from the network C’s tort. 2) The network C did not directly deceive the Plaintiff as described in the above paragraph 1.

Even if the deceased C, the tort is committed in order to facilitate the singishing crime by providing the instant account in the name of the defendant to a person who assumes the name of the broker.