1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 11, 2014, the Plaintiff entered into a contract with the Defendant to lease 350,000,000 won of the lease deposit from November 27, 2014 to November 26, 2016 (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). On October 11, 2014, the Plaintiff paid KRW 10,000,000, which is part of the down payment of KRW 35,000,000, to the Defendant, and paid the remainder down payment of KRW 25,000,000 on October 13, 2014.

B. The instant real estate is registered with a double-story with the fifth and the sixth floors combined. The Defendant removed internal stairs between the fifth and the sixth floors, and separated the entrance between the fifth and the sixth floors, and used the fifth and the sixth floors as if they were separate houses.

C. The Plaintiff did not separately register the 6th floor portion, and expressed concerns as to the establishment of the right to collateral security in aggregate of the maximum debt amount of the instant real estate amount of KRW 738,600,000, etc. Accordingly, the content of the instant lease agreement stating that “the right to collateral security is being established on the 6th floor” was “the right to separate the 6th floor portion, and the right to collateral security related to the 6th floor shall be cancelled at the time of completion of the registration of separation of households.”

On November 14, 2014 and December 26, 2012 of the same year, the Plaintiff sent a certificate to the effect that the instant lease contract was concluded by deception or mistake, and thus, the Plaintiff’s certificate of content was sent to the Defendant.

On January 26, 2015, the Plaintiff reported the instant real estate to the Gangnam-gu Office as an illegal building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 8 through 12, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the assertion is ① the instant real estate is a normal building, not an illegal building, and ② the part on the sixth floor of the instant real estate is separated.