2. The costs of lawsuit are assessed against the plaintiffs.

A. On April 4, 2018, the Plaintiffs entered into a sales contract with Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to purchase KRW 2.830 million (hereinafter “each of the instant real estate”) of the building E, Gwangjin-gu, Seoul and five stories on its ground (a total of KRW 328.79 square meters; hereinafter “instant building”) from Defendant C, to purchase the said land and the instant building together with the instant building at KRW 2.830 million (hereinafter “instant sales contract”). At that time, the Plaintiffs completed the registration of ownership transfer for each of the instant real estate by one-half shares, respectively.

B. However, the instant building is indicated as the 10.26 square meters of the stairs room of the 1st floor of the rooftop on the building ledger. However, in fact, the panel section 48 square meters (hereinafter “instant unauthorized building”) was extended to the 48 square meters of the rooftop without obtaining permission or filing a report under the Building Act.

C. On August 16, 2018, on October 15, 2018, the head of Gwangjin-gu issued a corrective order to voluntarily remove and restore the portion of the building without permission to its original state, and impose a non-performance penalty pursuant to the Building Act if the Plaintiffs did not comply with the order. As the Plaintiffs did not voluntarily remove this portion, the head of Gwangjin-gu imposed KRW 5,023,200 on the non-performance penalty on February 28, 2019.

In addition, the head of Gwangjin-gu additionally imposed acquisition tax on the illegal construction portion, and the plaintiffs paid the total amount of 473,120 won of acquisition tax and education tax on September 3, 2018.

The sales contract (No. 5) of this case states the following, and the above contract is accompanied by a lease contract stating the lease status of the building of this case, including the lease deposit of KRW 61 million to the lessee F in the amount of KRW 10 million, monthly rent of KRW 1 million, and a lease statement stating the lease status of the building of this case.

Subject matter of sale: 165.3 square meters of the instant land, and 328.79 square meters of the instant building (where the actual area and the area in the public register are different, it shall be equivalent to the area in the public register).