분양대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant decided to construct and sell the “C” neighboring to the 2nd and the 7nd above ground in the Silung-si site B (hereinafter “instant commercial building”).
B. On September 3, 2015, the Plaintiff entered into a contract with the Defendant to purchase the instant commercial buildings (hereinafter “instant commercial buildings”) of KRW 304 among the instant commercial buildings (including value-added tax) at KRW 397,750,00 (hereinafter “instant sales contract”).
C. The Plaintiffs paid 388,875,000 won to the Defendant as indicated below, and the instant commercial building was completed around August 2016.
There are columns as follows in the commercial building of this case:
(hereinafter referred to as the “instant pole”). The height from the upper surface of the floor structure of the floor of the instant room to the upper surface of the floor structure of the immediate upper floor is 5.3 meters.
[Ground of recognition] A without dispute, entry of Gap Nos. 1 through 3, 19, Eul No. 10 (including each number; hereinafter the same shall apply), the result of on-site inspection and the purport of the whole pleadings in this Court
2. The assertion and judgment concerning the existence of columns
A. (1) As to the Plaintiff’s assertion of rescission of contract, there are columns such as the relevant picture, in the instant commercial building that was sold by the Plaintiff.
However, at the time of the instant sales contract, the Defendant did not accurately notify the existence of the columns at the time of the instant sales contract, and the Plaintiff was unable to achieve the purpose of the sales contract due to the existence of columns, and thus, cancelled the instant sales contract on such grounds.
The defendant shall return to the plaintiff the sale price that the plaintiff has already paid and the interest in arrears for the cancellation due to the cancellation of the contract, and shall pay 10% of the total amount of the sale price agreed with the penalty following the cancellation of the contract in this case.
(2) Determination (A) Contracting parties shall be the other party for the realization of the performance obligation.