1. The Defendant amounting to KRW 40 million to the Plaintiff and the Plaintiff’s annual rate from May 2, 2016 to July 2, 2018.

1. Facts of recognition;

A. On May 2, 2016, the Plaintiff purchased KRW 190,000,000,000 for KRW 19,000 on the same day by putting the following part of the part indicated on the left surface map (hereinafter “instant land”) from the Defendant on approximately 100 square meters among “740 square meters in Busan-gun, Seosan-gun” (hereinafter “Defendant’s land”), and on the same day, paid the Defendant a down payment of KRW 40,00,000 (a cadastral survey to determine the exact size and value, and the remaining payment date was set on July 1, 2016). As a result of the survey of the cadastral status, the area of the instant land was surveyed to be KRW 336,00 square meters ( around 101.8 square meters) on June 2016, the Plaintiff and the Defendant determined the purchase price as KRW 19,190,000 on the same day.

C

B. However, prior to the above sales contract, the Defendant’s land (the part on which the above left map 1) was constructed by violating the provisions on the site and road relationship under the Building Act (see, e.g., the above right photographs), and the Plaintiff became aware of the circumstances that it was obstructing the registration of the instant land by dividing it from the Defendant’s land after the conclusion of the above sales contract.

Article 44 (Relation between Site and Road) (1) of the Building Act shall adjoin to roads (excluding roads used exclusively for motor vehicle traffic) of at least two meters wide.

(2) Any site on which a building is located shall not be partitioned into pieces that do not meet the standards under Articles 44, 55, 56, 58, 60, and 61.

C. On April 14, 2018, the Defendant sold 330/740 of the Defendant’s land to Nonparty D for KRW 200 million.

4. 16. After completing the procedure for registration of ownership transfer (the de facto part of the land in this case seems to have been sold) and the same year;

4. Around 20.20. Around 20.m., the Plaintiff notified the cancellation of the sales contract on the grounds of

[Ground for Recognition] : Facts without dispute, entry of Gap 1 through 9, purport of the whole pleadings

2. Determination;