1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Basic Facts

On March 15, 2012, the Defendant leased the lease deposit amount of KRW 10 million, monthly rent of KRW 2 million, from March 30, 2012 to March 29, 2014 to E, who is his/her own partner, KRW 202 of the commercial building D located in Suwon-gu, Suwon-si, the Defendant owned by the Defendant (hereinafter “instant commercial building”), and the period of lease from March 30, 2012 to March 23, 2014. After completing a restaurant (other main business registration) in the name of “G” under the Defendant’s father’s father’s name, the Defendant operated the instant commercial building.

On May 15, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase the instant commercial building in KRW 350 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer in the name of the Plaintiff on May 16, 2014.

around that time, the Plaintiff leased the instant commercial building to E with the lease deposit of KRW 10 million, monthly rent of KRW 2 million, and the lease term from May 20, 2014 to May 20, 2016.

E reported the closure of E on June 30, 2014.

[Grounds for recognition] In the absence of dispute, Gap evidence 2, 3, Eul evidence 2, 2, 5, Eul evidence 7-2, Eul evidence 7-2, Eul evidence 12, and Eul evidence 12, and the plaintiff's assertion of the purport of the whole pleadings as to the purport of the whole pleadings, although Eul was unable to timely pay the monthly rent of 2 million won during the operation of the head office in the commercial building of this case, it did not notify the plaintiff at the time of the conclusion of the sales contract of this case, thereby deceiving the plaintiff and let the plaintiff enter into the sales contract of this case.

In addition, the Plaintiff concluded the instant sales contract by making a mistake that the Defendant did not notify the above facts and that E would normally pay the monthly rent of KRW 2 million without delay.

Therefore, the Plaintiff revoked the instant sales contract by serving a duplicate of the instant complaint on the grounds of the Defendant’s deception or mistake, and the Defendant shall be reinstated to the Plaintiff and the damages.