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

On December 30, 2016, the Plaintiff purchased C Apartment Co. 1001 (hereinafter “instant apartment”) from the Defendant for KRW 215,000,000 (the sale price of KRW 200,000,000,000).

(hereinafter “instant sales contract”). The Plaintiff paid KRW 215,00,000 to the Defendant, and completed the registration of ownership transfer on January 2, 2017.

[Grounds for recognition] The facts that there is no dispute, Gap evidence Nos. 1 and 2, assertion of the purport of the entire pleadings, and the purport of the judgment of the plaintiff's assertion, but the defendant did not notify the plaintiff of such fact, but instead entices the plaintiff to enter into the sales contract of this case. Thus, the plaintiff revoked the sales contract of this case upon delivery of a copy of the complaint of this case pursuant to Article 110 (1) of the Civil Act.

Therefore, the Defendant should return the sales amount of KRW 215,00,000 to the Plaintiff with unjust enrichment.

Inasmuch as the Plaintiff could not achieve the purpose of the instant sales contract due to such equal heat, the Plaintiff rescinded the instant sales contract by serving a duplicate of the complaint of this case pursuant to Articles 580(1) and 575(1) of the Civil Act.

Therefore, the Defendant should return to the Plaintiff KRW 215,00,000 paid from the Plaintiff as a result of restitution.

Judgment

According to the statements or images of Gap's 3, 4, and Eul's 1 through 4, and 6 through 8 (including a stamp number; hereinafter the same shall apply) whether there exists a defect in the apartment of this case, it can be recognized that there is an equal heat on the floor of the apartment of this case, and that there is an oil phenomenon and rupture in the retaining wall where the parking lot exists, and that there is a defect in the common area of the apartment of this case.

The common area belongs to the co-ownership of all sectional owners (Article 10(1) of the Act on the Ownership and Management of Aggregate Buildings).