1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On July 17, 2015, the Plaintiff concluded a sales contract with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).

(hereinafter “Sales Contract”). On July 20, 2015, the Plaintiff paid 33,000,000 won to the Defendant.

Sales proceeds: 318,00,000 won (a contract deposit of KRW 33,00,000,000, the balance of KRW 285,000,000 shall be paid on September 11, 2015).

1. The sales contract in the current facility condition is the contract after confirming the defectless as a result of the analysis of the certified copy of the register; 3. The transfer on the basis of the balance date when the leakage, etc. occurs due to the aging of the building shall be the buyer's liability after the remainder date; and

4. The remaining days may be settled in the front and rear by agreement between the seller and the buyer, depending on the circumstances of the seller.

B. On November 18, 2015, the Plaintiff notified the Defendant of the demand for repair of defects, such as the rooftop waterproof and heat reinforcement of the instant real estate.

However, on January 4, 2016, the Defendant notified the Plaintiff of the payment of the remainder, and notified the Plaintiff on January 26, 2016 that “the contract shall be rescinded on the grounds of the Plaintiff’s payment of the purchase price.”

[Ground of recognition] The entry of Gap 1, 2, 5, 6, 7 and the purport of the whole pleading

2. Judgment as to the main claim

A. The Plaintiff asserted that he/she paid the remainder to the Defendant by September 1, 2015. However, the Plaintiff agreed to pay the remainder by not later than 3-4 months for the remainder of the payment due to the discovery of defects in the building, and agreed to repair the defects of the building until the remainder payment date.

On November 1, 2015, the Plaintiff requested a professional engineer C to investigate the defects of the instant real estate, and confirmed that 6,362,000 won was required to repair the defects.

However, the defendant did not notify the defects when concluding a sales contract, and did not perform the agreement that was made for the repair by the deadline for the remainder payment.

On the other hand, the defendant does not perform the repair of defects when demanding the payment of the remainder.