1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 16, 2010, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with respect to the instant officetel 706 between C and Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant officetel”), setting the sales price of KRW 228,200,000,000,000,000.

On October 16, 2010, the Defendant prepared a sales contract for the instant sales contract with C as the Plaintiff’s agent, and sent it to the Plaintiff.

B. From October 3, 2010 to November 7, 2011, the Plaintiff paid a total of KRW 93.6 million to C in the purchase price.

C. C was prosecuted for the crime that “The instant officetel was not authorized to sell or sell it, and the victim E did not have any intent or ability to complete the registration of ownership transfer of the instant officetel, but entered into a sales contract with the said victim to sell and purchase the instant officetel 70.2 billion won, and acquired by transfer KRW 30 million from the said victim as the down payment on March 25, 201,” and was sentenced to imprisonment for April 4, 201 by the Government District Court 2017Da2013 as of August 4, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 11, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion C committed the fraud by deceiving the plaintiff while it does not have the right to sell or sell the instant officetel, but by deceiving the plaintiff, and the defendant conspireds with C or aided at least C to commit the above fraud, so the defendant is liable to pay the plaintiff the damages amounting to KRW 93.6 million as joint tortfeasor and the damages for delay.

B. According to the reasoning of the judgment, the above recognition, Gap evidence Nos. 1, 9, 10, 11, and 20, and Eul evidence Nos. 20, and the court's order to submit financial transaction information to the national bank of this case, Eul was not entitled to sell or sell the instant officetels at the time of the sales contract, and the defendant was the plaintiff.