The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On November 23, 2017, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 2,050,000 (hereinafter referred to as the “instant contract”) on the second floor neighborhood living facilities of the second floor of the Yllllllllll Zone and the second floor of the ground-based general steel structure (hereinafter referred to as the “instant building”) located in Cheongju-si, Chungcheongnam-gu, Seoul (hereinafter referred to as “instant land”) and paid the purchase price, and completed the registration of ownership transfer on December 15, 2017.

B. On November 21, 2013, the Defendant obtained approval for the use of the instant building, and did not obtain a construction permit, extended the building of the dunes structure (hereinafter “instant illegal building”) unlawfully, and the lessee was using the said building.

C. Paragraph (4) of the instant special agreement states, “The purpose of farmland creation cost is to deal with the issue arising from an illegal building before the expiration date of the contract ( January 14, 2019), on the seller’s responsibility.”

(hereinafter “instant special agreement”). D.

The head of Sinju-si ordered the Plaintiff to voluntarily remove the instant illegal building. On July 31, 2018, the head of Sinju-si entered “an indication of the building - a 1st floor, a second-class neighborhood living facility (manufacturing facility), a general steel structure (366.7 square meters, 35 square meters), a light metal frame (21 square meters, 160 square meters), a container (30 square meters, 30 square meters, 18 square meters, 18 square meters, and 18 square meters)” into the building ledger.

Since then, the Plaintiff did not remove the first floor, the second floor, the second class neighborhood living facilities (manufacturing facility), and the general steel structure (36.7 square meters, 35 square meters, and 35 square meters) among illegal buildings, and partially removed only part of the general steel structure (35 square meters, 35 square meters, 160 square meters, light metal frame (21 square meters, 160 square meters), containers (30 square meters, 30 square meters, 18 square meters, and 18 square meters).

E. The head of Cheongju-si interesting Gu imposed a enforcement fine of KRW 49,504,00 on the Plaintiff who did not remove the instant illegal building, and the Plaintiff paid it on July 19, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 9 (including additional number), and