beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 5, 2014, the Plaintiff concluded a sales contract (the instant sales contract) with the Defendant to purchase KRW 425,000,000 from the Seodaemun-gu Seoul Metropolitan Government 138 square meters and its ground-based housing buildings (the instant building) and received ownership transfer after paying the purchase price.
B. Under the instant sales contract, the building for the purpose of sale is “Cement structure, residence (use), and 63.04 square meters (exclusive area),” and the copy of the registry of the instant building presented at the time of the contract, the details of the building are as follows: (a) “Cement structure and 63.04 square meters of cement block house, 63.04 square meters of multi-story housing”; (b) the current status of the building in the building ledger is as follows: (c) “one floor (story); (d) mentor fixtures; (d) housing (use); and (e) 63.04 square meters of land (area)”; and (e) the unauthorized portion on the building ledger was not indicated on the building ledger; and accordingly, the description of the object of the instant sales contract attached to the said sales contract is indicated as “by law” in the “building ledger” column.
다. 그런데 이 사건 건물은 1965. 4. 8.경 신축된 후 건축법상 허가나 신고 없이 증축되어 원고가 이 사건 매매계약을 체결할 무렵에는 별지 감정도 표시 ㉮ 내지 ㉳부분 면적 합계 122㎡의 건물(㉮, ㉯부분 적벽돌조 기와지붕 주택 82㎡ ㉰, ㉱부분 적벽돌조 판넬지붕 보일러실 6㎡ ㉲부분 적벽돌조 스라브지붕 주택 19㎡ 적벽돌조 판넬지붕 주택 15㎡)로 증축되어 있었다. 라.
Around June 13, 2016, the head of Seodaemun-gu confirmed that approximately 20 square meters of the building located in the board among the instant building was an unauthorized building as a result of aerial photography, and thus, the head of Seodaemun-gu issued a corrective order to impose a non-performance penalty in accordance with the Building Act and subordinate statutes if he/she voluntarily removes or restores the building and does not comply with the order until July 18, 2016. The head of Seodaemun-gu imposed a non-performance penalty of KRW 1,319,500 on October 2016 and KRW 1,085,870 on October 2017, and the Plaintiff paid the non-performance penalty of KRW 1,085,870, respectively.