A. On August 8, 2016, the Plaintiff entered into a sales contract with Defendant B to purchase KRW 301 (hereinafter “instant building”) of the building D (hereinafter “instant building”) owned by Defendant B for KRW 160,000,000 (hereinafter “instant sales contract”); paid KRW 15,000,000 on the date of the contract; and paid KRW 145,000,000 on August 22, 2016, and completed the registration for the transfer of ownership on August 22, 2016.

B. The Plaintiff purchased the instant building through the brokerage by Defendant C of the licensed real estate agent, and the confirmation and explanatory note of the object of brokerage prepared by Defendant C is indicated as lawful as to whether the building was in violation of the building ledger, as well as as to the wall and exhaustion status.

C. After the Plaintiff purchased and delivered the instant building, the number of buildings was generated in the building beer, multi-use rooms, etc., as a result of the Plaintiff’s purchase of the instant building and the transfer thereof on September 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and evidence 8, and the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff alleged that the instant building was defective, such as beeras, beer room, water leakage in multi-use rooms, wall cracks, damage to the floor floor in front of the toilet, etc. As a result, the balcony was illegally expanded and thus an administrative agency may impose a corrective order, a non-performance penalty, etc., on the Plaintiff. Even if there were defects such as water leakage in the future through a meeting among the occupants of Bara, the Defendants did not notify the Plaintiff of such fact at the time of the instant sales contract.

If the plaintiff knew the above facts, he did not conclude the sales contract of this case, but did not enter into the sales contract of this case by deceiving the defendants, so the plaintiff would cancel the sales contract of this case on the ground of deception.

Therefore, Defendant B shall transfer the ownership of the purchase price of KRW 160,000 as the return of unjust enrichment to the Plaintiff, and the compensation for damages caused by illegal acts.