Text
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
Reasons
1. Basic facts
A. On August 2012, the Defendant filed a report with the head of Chungcheongnam-do in Seoul Special Metropolitan City on a rural community gambling business operator. From that time, the Defendant filed a report with the head of Chungcheongnam-do Special Metropolitan City Special Metropolitan City Special Metropolitan City City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Land and 82.59 square meters on its land and roof single-story detached house, 39.65 square meters on the same ground, a single-story detached house of a general wood structure panel on the same ground (hereinafter referred to as “C ground”) and 4,240 square meters on the same ground (hereinafter referred to as “D land”; hereinafter referred to as “each of the instant land”) and 5 bonds (hereinafter referred to as “D ground buildings”) on the land attached to C and 5 houses on the ground (hereinafter referred to as “each of the instant real estate”). The seller of this case, along with each of the instant land and each of the instant building, is a person operating Ga.
The Plaintiff is a person who is operating a penture in the N and its ground buildings in South-west-gun N and its neighboring to the instant private house, and is the purchaser of each land, etc. of the instant case.
B. On July 31, 2018, the remaining head of the Gun of the Navy shall remove the D-ground buildings from the Defendant by August 31, 2018 with respect to “any building that has not obtained a building report on the instant private stay,” and shall take an administrative disposition against the Defendant as sanctions, such as enforcement of the Building Act, accusation against the judicial authority, etc., if the building does not comply with the said period after the expiration of the said period.
The notification of “an illegal removal guide” with the content of “A” was made (No. 7, hereinafter “the removal notification of this case”).
On August 18, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase each of the instant real estate in KRW 720 million (hereinafter “the instant first sales contract”). The key contents are as follows.
On the same day, the Plaintiff paid the down payment to the Defendant according to the first sales contract of this case.
Location of a real estate sale contract (Evidence A No. 2-1, Eul evidence No. 8): approximately 1,500 square meters.