1. The Defendant’s KRW 60,000,000 as well as annual 5% from July 3, 2015 to November 15, 2016 to the Plaintiff.

1. Facts of recognition;

A. On March 25, 2015, the Plaintiff entered into a contract with the Defendant to purchase KRW 610,000,000 on the same day the down payment amount is KRW 60,000 on the same day. The Plaintiff paid KRW 60,000 on the same day.

B. B. Before the date of the payment of intermediate payment (round April 30, 2015), the Plaintiff became aware that the building (hereinafter “instant building”) among the subject matter of the said sale was a building violating the Building Act with the area of 9m2 without permission (9m2) in addition to the area entered in the public register, and accordingly, filed a claim against the licensed real estate agent D who arranged

C. After the conclusion of the above sales contract, the Plaintiff paid KRW 600,190 to the tenants of the instant building 105 among the instant building, including KRW 2,880, KRW 15,710, KRW 202 to the tenants of the instant building, KRW 4,600, and KRW 577,000 to the tenants of the instant building.

Around June 5, 2015, the Defendant notified the Plaintiff of the cancellation of the above sales contract on the grounds that the intermediate payment and the remainder are not paid, and the Plaintiff was the Defendant around the 18th day of the same month.

It notified the cancellation of the above sales contract on the ground of the facts stated in the paragraph.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Gap evidence 5-1 and 2, the purport of the whole pleadings

2. Judgment on the main claim

A. When entering into a sales contract for the Plaintiff’s assertion 1, the subject matter was specified on the basis of the registered area, and the instant building is the total floor area of 178.82 square meters on the public register, but is actually 9 square meters or more.

The illegally extended part is not the object of the sales contract, and the plaintiff knew to be a legitimate building and purchased the building of this case.

Unless there are special circumstances, a seller is obliged to transfer a complete ownership without any restriction or burden, and there are parts of unauthorized extension equivalent to half of the total floor area entered in the building of this case, and the Defendant, the seller, has removed the above unauthorized extension portion.