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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning for the court’s explanation on the above part is that the “1. Basic Facts” part of the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article
2. Determination on the cause of the claim
A. The Plaintiff asserted that the owner of each of the instant lands and buildings is Defendant B, and the market price is KRW 500,000 per square year, and each of the instant buildings was not constructed by Defendant D in 2009, not in the year 2011, but was constructed by Defendant D in L in 2009, the Defendants: “Defendant C is the owner of the instant building, and the land price is at least KRW 1.5 million per square year, and Defendant D constructed each of the instant buildings six years before the instant building. Each of the instant lands and buildings is KRW 1.5 billion and each of the instant lands and buildings was loaned to MM association as security, and KRW 1.8 billion will be loaned in addition to the above MM association. The Gun Council members and a person who had the Gun Council members would purchase the instant real estate at KRW 2.4 billion, thereby deceiving the Plaintiff as to the market price and business status of each of the instant lands and buildings, and the amount of real loans, thereby inducing the Plaintiff to conclude the instant sales contract.
As the Plaintiff primarily and primarily revokes the instant sales contract, the Defendants are obligated to return the down payment of KRW 100 million received pursuant to the instant sales contract to the Plaintiff as unjust enrichment. ② The Defendants are obligated to pay the Plaintiff the said KRW 100 million as damages for tort and the damages for delay.
B. As to the determination of the primary claim (the claim for restitution of unjust enrichment) 1), as alleged by the Plaintiff, the Defendant C deceiving the Plaintiff as alleged by the Plaintiff, there is a lack of evidence to acknowledge only the descriptions of the evidence Nos. 7-1 and 2, and there is no other evidence to acknowledge it otherwise. 2) Rather, each of the above evidence and the descriptions of the evidence Nos. 2 through 4 are numbered.