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.

1. Basic facts

A. On April 22, 2017, the Plaintiff’s spouse C, representing the Plaintiff, concluded a sales contract with F, a broker of the Defendant, who is a licensed real estate agent operating the D Licensed Real Estate Agent Office, to purchase the Songpa-gu Seoul Family Head (hereinafter “instant real estate”) KRW 270 million [the contract amounting to KRW 30 million (the payment date), the intermediate payment of KRW 50 million (the payment date: May 31, 2017), the remainder of KRW 190 million (the payment date: July 31, 2017), and the buyer indicated the instant contract as “one other than the Plaintiff” (hereinafter “instant contract”).

B. On April 31, 2017, the Plaintiff and C paid the down payment of KRW 30 million to E, and paid KRW 5 million to E around May 31, 2017.

C. On June 13, 2017, C, E, and Defendant on behalf of the Plaintiff: (a) signed and sealed the agreement on June 13, 2017, stating that “The purchaser shall return KRW 29 million, excluding KRW 6 million, out of KRW 35 million (a contract amount of KRW 30 million, KRW 5 million in non-use) that the seller paid to the seller’s account, to the Plaintiff’s account; (b) the seller and the buyer agree to cancel the instant agreement. After the agreement on cancellation, the seller and the buyer signed and sealed the agreement on what objection to the real estate as well as the claim for damages.” (hereinafter “instant agreement”). The buyer written the instant agreement as “C and the Plaintiff.”

E returned 29 million won to the Plaintiff on the same day.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Although the real estate location of the Plaintiff’s assertion falls under the Class-II general residential area and is removed from the reconstruction improvement zone, the Defendant deceptioned C by stating that the real estate location of the instant case belongs to the Class-III general residential area and the reconstruction project is well progress.

In the process of mediating the instant contract and cancelling the agreement by the Defendant’s deception, the Plaintiff is only 6 million won out of the instant down payment.