1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. Defendant B is a licensed real estate agent who entered into a mutual aid agreement with the Defendant Korean Licensed Real Estate Agent Association around July 29, 2016, which entered into between the amount to be deducted, KRW 100 million, and the period of the mutual aid agreement from August 21, 2016 to August 20, 2017.

B. On October 15, 2016, the Plaintiff entered into a contract with D to purchase the Guro-gu Seoul apartment 107dong 2001 (hereinafter “instant apartment”) owned by the non-party company (hereinafter “instant apartment”) as the intermediary of Defendant B, and paid the down payment of KRW 45,000,000 to D.

C. D, while being delegated the power of representation on the sales contract by the non-party company during the instant sales contract process, presented the power of delegation and the certificate of the corporate seal impression to the non-party company, but affixed the power of representation and the certificate of the personal seal impression.

However, Defendant B did not raise any objection to D separately, and did not confirm whether to grant D the power of representation to the non-party company.

On October 28, 2016, the registration of ownership transfer was completed in F in relation to the apartment of this case.

As the Plaintiff resisted to Defendant B and D, Defendant B issued a sales contract stating that the Plaintiff was the seller and the Plaintiff as the buyer on November 14, 2016.

The Plaintiff requested D to cancel the instant sales contract and refund the down payment, but failed to return it.

E. Although I and D had no intention or ability to transfer the ownership of the instant apartment in the name of the non-party company, they deceiving the Plaintiff as if they were to transfer the ownership of the said apartment in the absence of an intention or ability to transfer the ownership of the said apartment, D entered into a sales contract with the Plaintiff on October 15, 2016, selling the said apartment in the capacity of agent of the said company in the capacity of the said company and acquired it by obtaining KRW 45 million from the Plaintiff as the down payment on the same day.