1. The plaintiff's main claim is dismissed.

2. The defendant shall receive KRW 326,00,000 from the plaintiff at the same time.

1. Basic facts

A. On March 29, 2016, the Plaintiff concluded a sales contract with the Defendant to purchase the real estate listed in the separate sheet (hereinafter “instant apartment”) from the Defendant (hereinafter “instant apartment”) in the purchase price of KRW 356 million (the contract amount of KRW 30 million on the date of the contract, the intermediate payment of KRW 30 million on May 10, 2016, and the remainder of KRW 296 million on July 8, 2016) (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the Defendant the down payment of KRW 30 million to the Defendant.

B. Meanwhile, with respect to the apartment of this case, the National Agricultural Cooperative Federation completed the registration of creation of a mortgage over each of the maximum debt amount of KRW 96 million (hereinafter “the first collateral mortgage”) on November 6, 2006 and the maximum debt amount of KRW 22,5420,000 (hereinafter “the second collateral mortgage”) on March 27, 2009. At the time of the above sales contract, the Defendant cancelled the first collateral mortgage upon the receipt of the intermediate payment, issued all documents necessary for the cancellation of the second collateral mortgage and the registration of the transfer of ownership on the said apartment, and agreed to deliver the said apartment to the Plaintiff.

다. 그런데 원고는 2016. 4. 7. 피고에게 ‘이 사건 매매계약 다음날 위 아파트를 방문하였을 당시 거실바닥에 물이 스며들어 시커멓게 썩은 흔적을 발견하였고, 이에 대하여 피고가 안방화장실 및 베란다의 배수가 되지 않아 물이 역류한다고 말을 하였는바, 위와 같은 하자를 이유로 이 사건 매매계약을 해제한다’는 취지의 내용증명우편을 보냈고, 이는 그 무렵 피고에게 도달하였다. 라.

On April 15, 2016, the Defendant: (a) stated that “The floor of a ward has existed at the time when the Defendant moved in; (b) there was no problem in the drainage by removing foreign matter from the beracian sewage plant; and (c) if the intermediate payment is not paid by May 10, 2016, the instant sales contract is revoked; and (d) the down payment is reverted to the Defendant in compensation for damages.”