1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

O's purport.

1. (1) On May 20, 2016, the Plaintiff purchased from the Defendant the land, building (hereinafter referred to as “instant land,” and the building; hereinafter referred to as “instant real estate”) indicated in the attached list owned by the Defendant, as indicated in the attached list, from the Defendant, at KRW 30 million in the purchase price. The Defendant acquired the ownership of the instant real estate by auction on April 22, 2008. The Defendant purchased KRW 30 million in the purchase price.

(2) The instant building consists of ① a negligent building, which is a single-story building with a size of 168.6m2 and a manager, who is a single-story building with a size of 58.07m2 and a warehouse, which is a single-story building with a size of 124.42m2m2.

(3) By May 26, 2016, the Plaintiff paid all the Defendant the remainder of KRW 30 million for the instant purchase price (the payment date of KRW 25 million, excluding the contract amount of KRW 5 million, is May 26, 2016) and completed the registration of ownership transfer for the instant real estate on the same day.

(4) On June 2016, the Plaintiff had engaged in food business on the instant real estate, and removed the remaining buildings except the above manager building (hereinafter “the instant manager building”) from among the instant buildings.

(5) The Plaintiff requested the Korea Land Information Corporation to conduct a boundary restoration survey of the instant real estate for the design of the new building to be built. As a result, it was confirmed that the instant manager’s building infringes on ① the instant land in front Gun E and ② the F river site near the instant land.

(A) On June 20, 2016, the Plaintiff and the Defendant came to know that the instant manager’s building was built on a land other than the instant land.