B) Rather, the Defendant planned to build the instant building on the purchased land. Around 2017, the Defendant requested N to prepare an old map (No. 20, No. 13-3 of the evidence No. 13-2) by requesting N to prepare a new construction of the instant building. As a result, the boundary of the exclusion area divided at the time is a straight line, the exclusion area is calculated as 43 square meters, and the exclusion area of the secondary sales contract is first indicated as the exclusion area of the secondary sales contract on the basis thereof. Even according to the special agreement, even according to the testimony of the witness M, even if the purchase price is based on the “area of exclusion at the time of building permission” written on the content that the buyer registers at any time by dividing at the time of the seller’s request, the previous map can be changed in the process of the division survey, and accordingly, the previous map also stated that “The increase or decrease in the area at the time of final division can be made.”

However, 43 square meters were calculated based on the fact that the boundary area of D and E land at the time is a straight line.

(1) The first sale contract is a condition that the building is sold to the north of the land by dividing it into 660 square meters. Accordingly, the division method was changed as the minimum size was below that, at least at the time between the parties, the boundary of D land and E land was made in a straight line). In addition, the Defendant first obtained a building permit under the Plaintiff’s name before completing the registration of ownership transfer in order to construct the building of this case on the ground of the said land in the absence of the registration of ownership transfer and the registration of ownership transfer under the first sale contract. The Defendant also obtained a building permit with respect to the remaining part of the land and the 43 square meters of the exclusion area.