1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) newly built one’s neighborhood living facilities and officetels on the ground level 1 and 20 floors above the ground level 4 and above that of Ulsan-gu, Ulsan-gu, Ulsan-gu (hereinafter “instant building”).

Meanwhile, the defendant C served as the representative director of the defendant corporation from October 21, 2009 to May 11, 2013, and the plaintiff's wife was omitted.

B. On June 2012, the Plaintiff entered into a sales contract of KRW 170 million for the instant building 2203 (hereinafter “instant sales contract”) with the Defendant Company, and prepared and received the sales contract from the Defendant C.

C. On June 19, 2012, and November 29, 2012, the Plaintiff transferred KRW 100 million to a deposit account in the name of the Defendant Company, and KRW 60 million on May 13, 2013 to a deposit account in the name of the Defendant Company, respectively.

After completion of the instant building on November 22, 2013, the Defendant Company completed registration of initial ownership relating to the instant building on November 22, 2013, but 2203 did not exist in the instant building.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant C did not have heading 2203 on the instant building, and even if so, the subject matter of sale was 2005 on the instant building as alleged by the Defendants.

Even if the ownership preservation registration for the above heading room has been completed, at the same time, the right to collateral security is established with a maximum debt amount of 266,630,000 won, and thereafter the plaintiff did not have the intent and ability to sell 2203 or 2005 of the building of this case, by completing the ownership transfer registration based on the future trust in the defendant C.

Nevertheless, the defendant C has committed a tort by deceiving the plaintiff and entering into a sales contract and by deceiving the price of 170 million won.