1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. On December 22, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase the building D (hereinafter “instant housing”) of Gyeyang-gu Seoul Building C (hereinafter “instant housing”) at KRW 226,00,000, with the Defendant, and paid KRW 10,000 to the Defendant as down payment.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, and 4 and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was agreed by the Defendant’s employees that a secured loan of KRW 156,00,000 is possible as security, and the remainder amount of KRW 70,00,000 was determined to be able to be prepared on its own. As a result, the Plaintiff entered into the instant contract.

However, after the contract of this case, the Defendant changed the phrase, such as “the loan available is merely KRW 116,00,000,000,” and actually did not lend KRW 156,00,000.

① Therefore, the instant contract is a contract under which a secured loan of KRW 156,00,00 was concluded as a condition to cancel the non-performance of the secured loan, and thus, it was impossible for the Plaintiff to cancel the instant contract according to the fulfillment of the condition of rescission, or ② the Plaintiff was aware of the Defendant’s horse that a secured loan could be granted, and the Plaintiff was caused by the instant contract. As such, the Plaintiff may cancel the instant contract because the motive constitutes an error in motive, and the motive constitutes an important part of the contract, the Plaintiff may cancel or cancel the instant contract at the Defendant’s expense.

Ultimately, the defendant is liable to return 10,000,000 won to the plaintiff the down payment.

3. As seen earlier, the conclusion of the instant contract between the Plaintiff and the Defendant and the Plaintiff paid the Defendant a down payment of KRW 10,000,000,000 to the Defendant. However, each of the entries in the evidence Nos. 1, 2, 5, 6, 7, 8, and 9 submitted by the Plaintiff alone, as at the time of the conclusion of the instant contract, '156,000,000 won as at the time of the conclusion of the instant contract.’