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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 11, 2004, the Plaintiff operated a software developer with the trade name of “C” after the Plaintiff sold B104 Nos. 35,341,000 won from the Defendant (hereinafter “instant sales contract”).
B. According to the instant sales contract, the Plaintiff: (a) paid the down payment of KRW 7,068,20 on April 10, 2004; and (b) KRW 3,534,10 on April 10, 2004; (c) KRW 1,236,000 on October 10, 204; and (d) KRW 1,236,00 on April 10, 2005 through April 10, 201; and (c) the Defendant completed the registration of ownership transfer on the instant commercial building after full payment by the Plaintiff.
C. The Plaintiff paid KRW 39,003,967 (including interest, etc.) to the Defendant as the sales price by May 6, 2013 after the conclusion of the instant sales contract.
Non-party D operated a restaurant around July 2007 at No. 104, 105, and 106, and Non-party D operated the restaurant, which is the immediate upper floor of the commercial building of this case.
(E) The Plaintiff set up a kitchen in the part of the instant shopping mall, and thereafter the number of copies was generated. The Plaintiff requested the Defendant to cancel the instant sales contract, but the Defendant refused to comply therewith, and the Anti-Corruption and Civil Rights Commission filed a civil petition with the Anti-Corruption and Civil Rights Commission. On May 13, 2013, the Anti-Corruption and Civil Rights Commission (the Anti-Corruption and Civil Rights Commission) revoked the instant sales contract without deducting penalty, on the ground that the Plaintiff was unable to achieve the purpose of the sales contract due to the defect in the instant shopping mall, pursuant to Article 46(2) of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission (the Anti-Corruption and Civil Rights Commission). (f) The Defendant was ordered by the Plaintiff on May 13, 2014, and returned the sales price of KRW 39,03,967 to the Plaintiff on May 16, 2014.