1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, as an enterprise in the position of an event to build and sell a neighborhood living facility under the name of “E” (hereinafter “the instant building”) on the land of two parcels, such as the Nam-gu Incheon Metropolitan City, Nam-gu C, and D, (hereinafter “E”), announced that the Defendant sold Fho Lake (hereinafter “F”) and G (hereinafter “G”) located on the side of the office entrance of the instant building, among the instant buildings, to the convenience store business through the guide book (Evidence Nos. 5 and 6; hereinafter “instant guide book”).

B. On September 3, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase G units at KRW 438,243,00,00, and paid the Defendant the down payment of KRW 43,824,00 on the same day. Upon receiving a loan from H unions, the Plaintiff paid KRW 43,824,00 to the Defendant on October 14, 2016; and on March 2, 2017; and on June 2, 2017, the Plaintiff paid KRW 43,824,000 to the Defendant for the first or fourth intermediate payment.

[Total Amount paid: 219,120,000 won (=43,824,000 x 5)]

On the other hand, on September 3, 2016, under the premise that the sales contract for F was concluded, the Plaintiff paid the Defendant the down payment of KRW 42,197,00 in advance, and on September 19, 2016, concluded a sales contract with the Defendant to purchase the F amount of KRW 421,967,00 (hereinafter referred to as the “instant sales contract” including two sales contracts concluded between the Plaintiff and the Defendant with respect to the F and subparagraph (hereinafter referred to as the “instant sales contract”). Upon receiving loans from H association, the Plaintiff paid KRW 42,197,00 each of the instant sales contracts to the Defendant as the first intermediate payment through the fourth intermediate payment on June 2, 2017.

[Total Amount paid: 210,985,000 won (=42,197,000 x 5).

Although there was no express indication that there was the columns in F, there was a pole of 1.43m wide and 6.28m long from F, in fact, there was a pole of 1.43m long and 6.28m long. For this reason, the Plaintiff’s mistake or Defendant’s Defendant on January 5, 2018.