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. The Defendant, as a licensed real estate agent, was delegated to sell and purchase the sales right of E apartment 203 dong 404 (hereinafter “instant apartment”).

B. On April 15, 2016, the Plaintiff visited the Defendant’s office to hear the explanation of the above apartment, and opened the apartment construction site along with F, a broker assistant for the Defendant.

당시 공사 현장은 건물이 축조되기 전 상태로 동 위치를 표시하는 팻말이 세워져 있었는데, F는 이 사건 아파트의 동을 착각하여 202동으로 원고를 안내하였다.

C. On the day, the Plaintiff wished to purchase the sales contract amounting to KRW 31,50,00,000, extended construction contract amounting to KRW 1,000,000, and KRW 6,000,000, which was paid by C, the Defendant received from C a photograph taken by the sales contract of the instant apartment from C and delivered it to the Plaintiff. The Plaintiff paid KRW 1,50,000 in cash as down payment through the Defendant, and the Plaintiff paid KRW 5,50,000 by account transfer.

On April 16, 2016, the following day, the Plaintiff: (a) reported the phone number on the photograph of the sales contract sent by the Defendant to C; and (b) made a phone call to C, the seller; but (c) did not erroneously classified the number; (d) around April 17, 2016, the Defendant received the sales contract from C and stored the remainder until the remainder.

E. On April 26, 2016, the Plaintiff paid C the remaining sales price to C, and received the sales contract of the instant apartment.

F. Meanwhile, the Defendant, upon receiving the down payment and the balance from the Plaintiff, prepared a receipt and delivered it to the Plaintiff, and prepared a custody certificate to C while keeping the sales contract as described in Paragraph (d). The receipt and the custody certificate are indicated as '202 Dong 404'.

G. On May 26, 2016, the Plaintiff demanded that the Defendant enter into a contract with the same apartment fees differently, and that the down payment be returned.