1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 5,518,449 and its related costs on August 27, 2019 to the Plaintiff.

1. Basic facts

A. On June 17, 2018, the Plaintiff purchased from the Defendant for KRW 115 billion, Seo-gu Incheon Western District Court D (hereinafter “instant real estate”).

(hereinafter referred to as the “instant sales contract”) B.

At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant agreed to the effect that “The seller is the fourth floor, and the seller is responsible for the repair of the defect in the rooftop waterproof from June 29, 2018) to six months from the outstanding payment date of the

(hereinafter “instant special agreement”). C.

On December 24, 2018, the Plaintiff revoked the instant sales contract, as it was impossible to achieve the purpose of the sales contract due to the occurrence of defects, such as the establishment of the instant real estate and the water leakage, etc., with the content certification to the Defendant.

“The notification was made.”

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

2. The Plaintiff alleged that water was not properly omitted or water was generated in the water pipe, public sewage pipe, laundry, and boiler hole hole of the boiler room, and there was a fall from the oil pipe, and there was a water leakage and water leakage in the ceiling of the small bank, bank, and ward.

This constitutes a case where there is a defect in the subject matter of sale, and it is a case where it is impossible to achieve the purpose of the sales contract because the defect has not been cured even in repair work.

Therefore, in accordance with Articles 580(1) and 575(1) of the Civil Act, the instant sales contract was rescinded by the Plaintiff’s notification of cancellation as of December 24, 2018 pursuant to Article 580(1) and Article 575(1) of the Civil Act, and thus, sought restitution of the purchase price, and sought restitution of the purchase price. The Defendant failed to notify the above defects, and the Plaintiff deceivings the Plaintiff and concluded the instant sales contract

In the event that the defects of the instant real estate do not reach the degree of rescission or cancellation of the instant sales contract, 6,131,610 won and 6,130 won as compensation for damages for the defects.