계약금반환 등
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment in light of the record as to the grounds of appeal on the primary claim, the lower court’s determination that at the time of entering into the instant sales contract on the grounds as indicated in its reasoning, the Defendant cannot be deemed to have agreed to the Plaintiff at the time of entering into the instant sales contract to set up an access road directly connected to the fourth line road with a building permit of the floor area of 10 square meters or (2). In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of logic
Other argument in the grounds of appeal is against the judgment of the court below as to the assumptive judgment, and it is not necessary to examine the legitimacy of the judgment.
2. As to the ground of appeal on the conjunctive claim
A. Examining the reasoning of the lower judgment in light of the record as to the cancellation of declaration of intent by fraud and the invalidation of a contract by fulfillment of conditions, it is justifiable for the lower court to have rejected the Plaintiff’s assertion of cancellation of declaration of intent by deception and the assertion of invalidation of a contract by fulfillment of conditions, on the grounds as indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent
B. In a case where an estimated amount of compensation for damages is deemed unfairly excessive and reduced, the fact-finding or determination of the ratio of the grounds for reduction is a matter of full power of the fact-finding court unless it is deemed considerably unreasonable in light of the principle of equity.
(see Supreme Court Decision 2003Da60136, Nov. 25, 2005). According to the reasoning of the lower judgment, the lower court, based on the reasons indicated in its reasoning, carries out the following: (a) KRW 300 million of the down payment corresponding to the estimated amount of damages.