1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 19, 2015, the Plaintiff acquired a cafeteria located on the first floor below the ground of the D-based building in Ansan-si, Mayang-si (hereinafter “instant cafeteria”) from the Defendant’s representative, in the amount of KRW 62 million.

(hereinafter referred to as “instant premium contract”). B.

In the premises of this case, there is a sewage facility that stores and discharges wastewater of a restaurant and toilet within the premises of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The defendant's judgment on the defense prior to the merits asserted that the lawsuit of this case should be filed against the lessor of C or the building of this case who entered into a premium contract with the defendant, and thus, the lawsuit of this case should be dismissed in an unlawful manner. However, in the lawsuit for performance, the defendant's standing to be the defendant in the lawsuit for performance is nominal by the plaintiff's own claim, and the judgment is absorbed into the judgment on the propriety of the claim, and thus the person alleged as the obligor is the defendant (see, e.g., Supreme Court Decision 95Da18451, Nov. 28, 1995). Thus, the above defense

3. Determination as to the cause of action

A. The Plaintiff’s assertion C had a duty to explain to the Plaintiff the main facilities and operating methods of the instant cafeteria at the time of the conclusion of the premium contract, but did not notify the Plaintiff of the instant wastewater facilities. The Plaintiff paid KRW 30,000 as the right cost of the instant cafeteria due to the said deception by C, and paid KRW 1,662,00 with the cost of smell removal incurred by the sewage facilities, and KRW 1,224,00 with the cost of removing sludge removal in the sewage facilities.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 32,886,00,00 (i.e., KRW 30,000,000,000,000 for premium) and damages for delay.

B. Determination Docs, C, on behalf of the Defendant, is the instant cafeteria.