매매대금반환
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
The Plaintiffs, on March 12, 2015, purchased the land and buildings at KRW 1.4 billion from the Defendant, but the down payment of KRW 1.4 million on the date of the contract, the intermediate payment of KRW 200 million on May 30, 2015, and the remainder of KRW 1.6 million on July 31, 2015, agreed to pay the down payment on the date of the contract.
[Based on recognition] The Plaintiff’s assertion that there was no dispute was concluded a sales contract with the knowledge that the high voltage power transmission line of about 754,00 V was laid underground 2 meters away from approximately 160 meters away from the said real estate.
Inasmuch as the existence of high-tension power transmission lines in the place near the above real estate was a serious defect in the subject matter of the contract, and there was an error in the important part of the contract that would not purchase the above real estate if he had known of such circumstances, the Plaintiffs revoked the sales contract on June 19, 2015 pursuant to Article 109(1) of the Civil Act.
The defendant is obligated to pay the contract deposit of 140 million won and damages for delay to the plaintiffs.
The Plaintiffs subject to the rescission of agreement on May 12, 2015
5. 18. 18. The defendant expressed his intention of rescission through E which the above sales contract was mediated, and since the contract was terminated by the defendant, the defendant is obligated to pay the contract deposit amount of 140 million won and the delay damages to the plaintiffs.
At least the defendant is obligated to pay KRW 90,000 and damages for delay, as the above real estate was sold to a third party upon termination of agreement.
Even if the estimated amount of damages and the cancellation of a contract to reduce the amount of damages are in accordance with Article 6 of the sales contract, the agreement to waive the down payment under this Article is the scheduled amount of damages and the estimated amount of damages should be reduced unfairly.
Judgment
For the following reasons, the plaintiffs' arguments cannot be accepted.
With respect to the claim for revocation by mistake, the entry of Gap evidence 5 (including the fix number) alone is 754,000 V at a place less than approximately 160 meters away from the above real estate.