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1. The plaintiff's primary and preliminary claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged based on a comprehensive statement of Gap evidence 1 to 4, evidence 9, evidence 5-1, 2, evidence 15-1 to 6, evidence 15-3, Eul evidence 1 to 3, Eul evidence 1, and evidence 2.
On March 22, 2016, the Plaintiff entered into a sales contract with Defendant B, a licensed real estate agent, to pay each of the real estate listed in the real estate list attached thereto (hereinafter “instant real estate”) as KRW 467,00,000 among the down payment, and KRW 50,000 among the down payment, on the date of the contract, and the intermediate payment of KRW 30,000,000 on April 22, 2016 (hereinafter “instant sales contract”).
B. A sales contract, which was made at the time, includes the term “use of a building” in the term “use of a building” as a neighborhood living facility and a house; the term “special agreement” is the sales contract under the present facility; the certificate of registration is confirmed; and the contract is entered into; the seller and the buyer sufficiently inspected the present building and sell it at present.
The purpose of this building is to be the early mountain, and the present commercial building on the first floor is illegal and it is stated that the seller and the purchaser confirm and conclude the contract.
C. In addition, at the time, Defendant C prepared a confirmation and explanatory note of the object of brokerage and affixed the seals of the Plaintiff and Defendant B. The confirmation and explanatory note of the object of brokerage is contained in the column of registration certificate, building register, and land use planning certificate, and in the column of “use on the building ledger” of the building, the term “use on the building ledger.” The term “use on the building ledger” of the building is entered as a studio. The term “use on the building ledger” is legally incorporated in the “use on the building ledger”, and the term “violation” of the content is legally incorporated in the “use on the building ledger,” and the term “the content of the