1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 17, 2005, the 16th and the 5th underground floor C shopping mall located in Eunpyeong-gu Seoul (hereinafter “instant building”) was newly constructed on and around August 17, 2005, and the registration of preservation of ownership was made. Of the instant building, the 2nd underground floor was designated as a sales and business facility as the area of 6139.51 square meters. However, around April 3, 2008, the said 2032 unit (hereinafter “instant store”) was subdivided into approximately 480 units, and among them, the 2032 unit (hereinafter “instant unit”) was also one of the units divided as above, and its exclusive area was 4.97 square meters, the sharing area was 14.74 square meters, and around August 17, 2005.

B. On May 6, 2010, the Plaintiff purchased the instant store from the Defendant, and paid 22,925,000 won, equivalent to 20% of the sales price on the same day, as down payment.

C. Meanwhile, the second underground floor of the instant building was concluded a lease agreement between thisland and thisland’s entire lease contract to use from the date of the instant sales contract to the date of 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the store of this case is not subject to sectional ownership because of its structural independence and use independence. Since the sales contract of this case is an original impossibility, the sales contract of this case is null and void, the defendant is obligated to return the down payment 22,925,000 won that is paid to the plaintiff.

In addition, since the plaintiff suffered mental damage due to the family influence that occurred by selling the store of this case, the defendant is obligated to pay consolation money of KRW 30,000,000.

B. In order for part of one building to be the object of sectional ownership to be the object of sectional ownership, its use as well as its structural independence must be separated from other parts. The structural independence means that the partitioned part is physically divided from other parts and has the appearance as an independent part of the building. The independence in its use means the independence in use.