1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On September 18, 191, the first underground floor in Changwon-si, Masan-si, Masan-si, Masan-si, Masan-si, 5th above ground-based reinforced concrete building, and Manalbrob’s roof (hereinafter “the instant apartment”) were used for neighborhood living facilities (cafeteria) in the case of the first floor, and the second or upper floor used for accommodation facilities in the case of the second or upper floor, and was approved for use on March 13, 1990. The Defendant acquired the ownership of the instant apartment through sale on September 29, 206.

B. On January 26, 2013, the Plaintiff entered into a contract with the Defendant to purchase the instant maternity amount of KRW 640,000,000 (hereinafter “instant sales contract”) and completed payment of KRW 27,000,000 on the same day.

C. Since then, the Plaintiff did not pay the remainder of sales to the Defendant on the ground that the Defendant changed the purpose of use of the instant apartment floor from a restaurant to a lodging facility. On February 20, 2013, the Defendant sold the instant apartment to D, and on March 8, 2013, registered the transfer of ownership in the name of D with respect to the instant apartment.

On September 6, 2013, the Plaintiff reported to the Mapo-gu Office of Mapo-gu to the effect that the instant telecom was an illegal building, and as a result of the business trip investigation, it was confirmed that the use of the instant telecom 1 story was changed from the neighborhood living facilities to the accommodation facilities without permission of the competent authority, and the Mapo-gu Office issued a corrective order to reinstate D on the 12th of the same month.

[Ground of recognition] Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3, and the fact-finding results to the Msan-si Office of the court in Changwon-si, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s primary assertion is the Plaintiff’s primary assertion, and according to the instant sales contract, the Defendant had a duty to transfer the ownership of the instant Maurel to the Plaintiff without any legal defect, but the first floor of the instant Maurur was found to have changed the purpose of unlawful use.