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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
On May 31, 2013, the Plaintiff entered into a sales contract with Defendant B, C, and the head of the Suwon-gu, Suwon-si, Suwon-si (hereinafter “instant building”) with the purchase price of KRW 113 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer in its name on June 26, 2013 after paying the purchase price.
At the time of the instant sales contract, the sales price of other heading rooms (in the case of heading rooms sold through normal transactions, other than the auction) of Ba, where the instant building is located, was at least 13 million won.
The Plaintiff paid KRW 565,00 to Defendant D with the brokerage commission of the instant sales contract, while concluding a lease contract with the third party and the lease deposit amount of KRW 15,00,000 with respect to the instant building.
The exclusive use area of the building of this case on the registry is 40.41 square meters, and the actual area of the building of this case is 29.67 square meters in fact, and the actual area of the building of this case is much more than that on the registry.
As above, the illegally expanded part is clearly distinguishable from other floors when seen from outside, and it is easily recognizable into land. The illegally extended part was registered in the building ledger on March 7, 2012.
The Plaintiff visited the instant building before the conclusion of the instant sales contract and confirmed the current status, etc. of the instant building.
Meanwhile, in the description of confirmation of object of brokerage delivered by Defendant D to the Plaintiff at the time of the instant sales contract, the exclusive use area of the instant building is 40.41 square meters as the area of the registry, and the part as to whether the building was in violation of the building ledger is legitimate. However, Defendant D did not confirm the building ledger of the instant building at the time of the instant sales contract.
Before the instant sales contract, an administrative fine was imposed once on the illegal extension portion, but the illegal extension portion was deemed to have been registered on the building ledger on March 7, 2012 and around that time.