The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Defendant is a person who newly constructed and completed the C-ground officetels and neighborhood living facilities building (hereinafter “instant building”).

B. The instant building consists of neighborhood living facilities (a) and officetels from 3 to 20 floors.

C. On December 15, 2016, the Plaintiff concluded a sales contract with the Defendant with regard to the sales price of the first floor D, the first floor E (hereinafter “instant commercial building”) corresponding to the neighborhood living facilities among the instant building as KRW 869,454,00 (D), 927,417,60 (E).

(hereinafter “instant sales contract”).

D. The Plaintiff paid the Defendant a total of KRW 179,687,160 according to the instant sales contract.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Before entering into the instant sales contract claiming revocation of fraud or mistake, the Defendant: (a) notified the Plaintiff that the sales price of the instant commercial building was set at a lower level than the newly constructed sales price; (b) the Defendant secured a lessee’s responsibility with respect to the instant commercial building and notified the Plaintiff that the so-called “lease Security System” should be implemented to ensure that the sales rate of approximately 10% is fixed for ten years, compared

However, the sale price of the commercial building of this case is higher than that of the neighboring shop, and the defendant does not pay the lease profit agreed upon to the plaintiff.

Ultimately, the instant sales contract was concluded by the Defendant’s deception, and even if it is not considered as the Defendant’s deception, the Plaintiff did not conclude the instant sales contract without guaranteeing rental profit. Accordingly, the instant sales contract was concluded due to the mistake on the important part of the Plaintiff.

As the Plaintiff cancelled the instant sales contract on May 24, 2019, the Defendant paid KRW 179,687,160 to the Plaintiff and damages for delay.