beta
(영문) 대전지방법원홍성지원 2019.07.11 2018가합1091

손해배상(기)

Text

1. The Defendant: (a) KRW 282,120,000 for the Plaintiff and 5% per annum from October 31, 2016 to December 10, 2018; and (b) the Plaintiff.

Reasons

Description of Claim

A. On October 27, 2016, the Plaintiff entered into a contract with the Defendant to purchase KRW 294,000,000 in total amount of the purchase price.

The defendant divided land and completed the registration of ownership transfer to the plaintiff.

B. The Plaintiff paid a total of KRW 282,120,000 to the Defendant by October 31, 2016, according to an agreement under which the remaining amount is discounted when the Plaintiff pays a balance within five (5) days from the date of the contract, and completed the payment of the purchase price.

C. On December 5, 2016, the Defendant completed the registration of ownership transfer to the Plaintiff with respect to the size of 230 square meters prior to Pyeongtaek-si E, which is a subdivided land.

On the other hand, at the time of concluding a sales contract, the defendant stated that the above land would be designated as a commercial district immediately and that if so, its value would be higher than the current market price, the defendant solicited the purchase, and that when the plaintiff purchases the land, the land category of the "pre-sale" would be changed into the "site" and then the transfer of the registration would be done.

However, the defendant did not implement the change of land category as promised, and the land sold by the defendant is not likely to be changed to a commercial district, and the defendant concluded a sales contract by deceiving the plaintiff and received a purchase price with lower than the market price from the plaintiff.

E. Therefore, the Plaintiff revoked the above sales contract by service of the duplicate of the complaint of this case, and sought the return of the purchase price paid by the Plaintiff as compensation for damages caused by the tort.

Part of rejection of judgment without applicable provisions of Acts (Article 208 (3) 1 and the main sentence of Article 257 (1) of the Civil Procedure Act)

A. The Plaintiff claims against the Defendant for the payment of damages for delay from October 26, 2016 to the principal stated in the Disposition No. 1.

However, damages for delay is from October 31, 2016, on which the Plaintiff incurred losses by paying the full purchase price to the Defendant.