매매대금반환 등
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the above cancellation portion is dismissed.
3.
1. On October 27, 2005, the Plaintiff, at the first instance trial, revoked the sales contract (hereinafter “instant sales contract”) concluded with the Defendant on the basis of deception or mistake with respect to the purchase price of KRW 17 million (7 million was reduced due to the land access problem of this case) and the refund of the purchase price of KRW 10 million and delay damages for this case’s land and compensation for damages for the registration, acquisition tax, registration tax, total survey expenses, 892,280,000,000,000 won, which were the land before subdivision with the Defendant. On June 26, 2006, the Plaintiff filed a claim with the Defendant for restitution of KRW 2,846,00,000,000,000,000 for the purchase price of this case’s land, and the damages for delay was divided into each land listed in the separate sheet, and the court dismissed the claim for restitution of the sale price and delay damages.
Since only the defendant appealed against this, the subject of the judgment of this Court is limited to the claim for the refund of the purchase price and the delay damages due to the cancellation of the sales contract of this case.
2. Basic facts
A. On October 27, 2005, the Plaintiff entered into the instant sales contract with the Defendant by setting forth the following special terms and conditions: (a) the purchase price for the instant land as F’s brokerage; (b) KRW 17 billion; and (c) concluded the instant sales contract with the following terms and conditions.
The sales contract of this case is written by the buyer as “the plaintiff and two others.”
Matters of special agreement
1. Where it is impossible to obtain permission for development activities and permission for diversion of farmland, a principal contract shall be cancelled, and the seller shall return the down payment to the buyer;
When a purchaser (Plaintiff) obtains a building permit, he/she shall obtain the consent of the seller (Defendant) from the relevant prop so that he/she can use a road (farmland infrastructure) when he/she obtains a building permit.
2. The seller (the defendant) shall transfer to D the access road (4m wide) of the article.