1. The Plaintiff, Defendant D Co., Ltd., together with Defendant D Co., Ltd., and Defendant B Co., Ltd., together with Defendant D Co., Ltd.

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a sale-type land trust agreement with Defendant D Co., Ltd. (hereinafter “Defendant D”) and constructed “G building” with Defendant C Co., Ltd. (hereinafter “Defendant C”) as the contractor at Suwon-si, Suwon-si, and then had Defendant D, the trustee, sell the said commercial building in lots, etc., thereby receiving trust benefits.

B. On April 15, 2015, Defendant E entered into a sales contract with the seller and the trustee and the truster and the beneficiary to purchase the third floor H of the G building (hereinafter “instant shopping mall”) at KRW 229,90,000 (hereinafter “instant sales contract”). From the date of the said contract to August 11, 2016, Defendant E paid the down payment of KRW 45,998,000 and the first through fourth intermediate payment (=22,99,000 x 4) out of the sales price to Defendant D’s account from the date of the said contract to August 11, 2016.

C. On November 5, 2016, the Plaintiff entered into a sales contract with Defendant E to purchase the right to sell the instant shopping mall (hereinafter “instant sales contract”), and paid the premium of KRW 20,000,00, separately from the aforementioned KRW 137,94,000 paid by Defendant E, as the sales price for the right to sell, and the Plaintiff lawfully succeeded to the status of the buyer upon obtaining approval from Defendant B and D regarding the resale of the said right to sell.

On April 28, 2017, the Plaintiff expressed to Defendant B and E the intent to cancel or cancel the contract, and to withhold an objection to the claim for damages arising therefrom, on the ground that there was a defect in construction due to the existence of columns that had not been included in the drawing at the time of the sales contract, and paid to Defendant D the sum of KRW 68,997,00 on May 18, 2017 following the instant sales contract. As to the instant commercial building, the Plaintiff traded the instant commercial building under the name of the Plaintiff on April 15, 2015.