1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 5, 2016, C, the Defendant’s spouse, requested E, a brokerage assistant of the D Licensed Real Estate Agent’s Office, to conduct a trade mediation, with a desired trading price of KRW 190,00,00,00 for housing and 51.84 square meters for 1st floor, 2nd floor, 2nd floor, and 49.90 square meters for 190,000 square meters for housing and 1st floor of the cement brick sloping roof owned by the Defendant (hereinafter “instant real estate”).

B. On March 3, 2016, E displayed the instant real estate with C, and the Plaintiff agreed to purchase the instant real estate. On March 30, 2017, at the D Licensed Real Estate Agent’s Office, E, C, and Defendant set the sales price at KRW 165,00,000, and the Plaintiff and the Defendant signed the sales contract on the instant real estate prepared by E (hereinafter “instant sales contract”).

C. The Plaintiff paid the purchase price of the instant real estate to the Defendant, and completed the registration of ownership transfer on the instant real estate on May 25, 2017, and subsequently remodeled the instant building.

The Plaintiff currently operates a restaurant called “G” in the instant building.

[Based on recognition] Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant is obligated to deliver to the Plaintiff the building, which is a “refinite concrete structure” according to the instant sales contract. Since the Defendant delivered the instant building, which is a cement brick, to the Plaintiff, the Defendant did not perform the obligation in accordance with the terms and conditions of the obligation.

According to the instant sales contract, the sales price was determined as KRW 165,00,000 on the premise of the building, which is “a steel reinforced concrete structure,” and the appraised value of the instant building, which is “cement brick structure,” is merely KRW 123,969,680, and the Plaintiff suffered damages of KRW 41,030,320, which is the difference.