1. The plaintiff's claim is dismissed.

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

1. On May 21, 2016, the Plaintiff purchased (hereinafter “instant sales contract”) each of the first floor E (hereinafter “D neighborhood living facilities” (hereinafter referred to as “instant building”) that was being newly constructed on the ground of Young-gu, Suwon-si, Suwon-si (hereinafter referred to as “instant building”) around 811,167,00 won, and around October 2017 due to the scheduled date of entry, and paid the Defendant totaling KRW 405,583,500 as down payment and intermediate payment to the Defendant from May 21, 2016 to May 15, 2017.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion, as a seller of the instant commercial building, has the duty to supply the Plaintiff with the normal structure and function as the first floor. However, without any prior notification or explanation, construction of the floor area of the instant commercial building at a lower level than 1.5 meters compared to the ground area of the neighboring road was practically made in an anti- underground state. Accordingly, the Plaintiff could not be seen as entirely the goods displayed on the instant commercial building, and thus, the purpose of the sales contract cannot be achieved.

However, Article 9(1) of the Act on the Ownership and Management of Aggregate Buildings and Article 668 of the Civil Act, which applies mutatis mutandis pursuant to Article 9(1) of the Act on the Ownership and Management of Aggregate Buildings and Article 668, which provide for the warranty liability for the sectional owners of a building who have built and sold an aggregate building, may cancel the contract, on the basis of the above provision, where the purpose of the contract cannot be achieved due to defects in the completed object, the Plaintiff’s delivery of a copy of the complaint of this case, thereby cancelling the contract of this case. Accordingly, the Defendant is obliged to refund the Plaintiff the total purchase price of 4

3. Determination as to the cause of action

A. The relevant legal doctrine building.