1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Basic Facts

A. On June 5, 2013, the Plaintiff entered into a contract with Defendant B, under which the Plaintiff acquires the stocks and management rights of Defendant B (hereinafter “instant company”) from Defendant B to KRW 200,000,000 (hereinafter “instant contract”).

B. However, in relation to the instant company on June 17, 2014, Gangwon-do issued a disposition of business suspension for lack of capital in 2012, and issued a disposition of cancellation of registration of a construction business on February 13, 2015 on the ground that it failed to supplement the requirements for registration by the end of the disposition of business suspension.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (including branch numbers), the purport of the entire argument of the parties, revocation based on plaintiff deception or mistake, and the main purpose of the contract of this case is to acquire the shares and management rights of the company of this case holding a construction business license, so if the company of this case knew that there was a ground for cancellation of registration of a construction business, the plaintiff did not conclude the contract of this case.

Nevertheless, when concluding the instant contract, Defendant B did not notify the Plaintiff that there was a ground to cancel the registration of a construction business due to lack of capital, since there was no lease deposit claim of KRW 200,000,000, which constitutes capital of the instant company.

This is a fraudulent act and illegal act because the seller implieds the important matters of the transaction subject to the duty of disclosure.

Even if such deception does not exist, the Plaintiff entered into the instant contract by mistake that there is no defect in the construction business license owned by the instant company, and thus, it constitutes an error in the important part of the contents of the legal act.

As such, the instant contract was concluded by an expression of intent by fraud or mistake, the Plaintiff.