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 Defendant is a company that newly built and sold a DNA canal wells on the land outside of C in Seopopo City and five parcels.

The E Co., Ltd. (hereinafter referred to as the “E”) is a sales agency delegated by the Defendant to vicariously sell the above canal wells.

B. On behalf of the Plaintiff on December 10, 2016, through E, the sales agent for the Plaintiff, the Plaintiff agreed to pay the Defendant the down payment of KRW 41,000,000 on the date of the contract, KRW 41,00,000 on the date of the contract, KRW 41,00,000 on the first intermediate payment, KRW 164,000,000 on the second intermediate payment, and KRW 164,00,000 on the expiration of three months after the contract was completed, respectively.

(hereinafter “instant sales contract”). C.

According to the instant sales contract, the Plaintiff paid the Defendant KRW 41,00,000,000, a total of KRW 6,000,000 on the date of the contract as contract deposit, and KRW 35,00,000 on December 13, 2016, and KRW 41,00,000 on the first intermediate payment on January 17, 2017, respectively, as part of the second intermediate payment on February 18, 2017.

E issued each electronic tax invoice of KRW 14,10,00,000, the aggregate amount of which is 34,100,000 on December 12, 2016, and the aggregate amount of KRW 14,30,000 on January 13, 2017. Accordingly, the Defendant paid KRW 34,10,000 on December 13, 2016, and the Defendant paid KRW 14,30,000 on January 17, 2017, respectively.

E. Around June 13, 2017, the Plaintiff’s attached F stated that the Defendant’s employees stated that “The instant canal wells are located within the land transaction permission zone, and there is only a plan to transfer the resident registration to Jeju-do and to dispose of the houses currently living, but they can register the instant canal wells as the owner of the instant canal wells,” but did not properly explain such circumstances.

F. On July 20, 2017, the Plaintiff’s attached F signed the instant sales contract with H, the Defendant’s actual operator.