1. The Plaintiff (Counterclaim Defendant) paid KRW 275,00,000 to the Defendant (Counterclaim Plaintiff) and KRW 1,245,00,000 among them.

1. Basic facts

A. On April 7, 2015, the Plaintiff entered into a contract with the Defendants to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”), and among which the buildings listed in the separate sheet No. 2 (hereinafter “instant building”) to purchase KRW 525 million (hereinafter “instant sales contract”), and agreed to pay KRW 50,000,000 on the date of the sales contract, and the intermediate payment of KRW 50,000,000,000,000,000 until May 12, 2015, and KRW 425,00,000,000,000, as of July 7, 2015.

B. The Plaintiff paid each of the Defendants KRW 150 million out of the instant purchase price of KRW 525 million, which was the date of the conclusion of the instant sales contract, to the Defendants, KRW 50 million on April 7, 2015, ② the intermediate payment of KRW 50 million on May 12, 2015, ③ the remainder of KRW 425 million on July 8, 2015, and KRW 150 million out of the remainder of KRW 425 million on July 8, 2015. The remainder of KRW 275 million was extended on July 27, 2015 by the Defendants, but the Plaintiff did not pay it.

C. Meanwhile, the Defendants, among the instant buildings, remodeled the portion indicated as “parking 19.44 square meters” on the registry of “parking 19.44 square meters” (hereinafter “instant building parking lot”) and used it as a commercial building different from the public registration purpose (parking lot).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence No. 2, the purport of the whole pleadings

2. Determination on the main claim

A. At the time of conclusion of the instant sales contract, the Plaintiff’s assertion as to the primary claim is primarily concerned. At the time of the conclusion of the instant sales contract, the Defendants sold the instant building without notifying the Plaintiff of the fact that they illegally remodeled the instant parking lot and used it as a commercial building. This is obvious that administrative fines, enforcement fines, etc. will be imposed on the building owner due to such unlawful modification, and there is concern that the structure of the building might collapse if it is restored to its original state.