1. The defendant shall pay 42,035,000 won to the plaintiff and 20% per annum from October 30, 2013 to the day of complete payment.

According to Gap evidence No. 123, the defendant, who operated a health club with the trade name "D" in Gangnam-gu Seoul Metropolitan Government, stated that the above health club was registered as the market for the building under the Building Act, and the alteration of the purpose of use is practically impossible, and the plaintiff made a false statement as if it is possible to change the purpose of use to the plaintiff. The plaintiff entered into a sales contract with the defendant on May 4, 2010, and the plaintiff entered into the sales contract with the defendant on the same day as the down payment, and paid 40 million won as the down payment to the defendant on the same day on June 4, 2010, and paid 84 million won as the intermediate payment, and 82,035,000 won on June 25, 2010 and 5 million won on October 18, 2010. The plaintiff refunded the above health club from the defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 42,035,00 as damages for tort and the damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 30, 2013 to the date of full payment after the delivery of a copy of the complaint of this case.