손해배상(기)
1. The part concerning the claim for cancellation of the sales contract among the instant lawsuit is dismissed.
2. The defendant shall enter the attached list from the plaintiff.
1. Basic facts
A. On July 19, 201, the Plaintiff concluded a sales contract with the Defendant for the purchase price of KRW 225,00,000 with respect to the instant building (hereinafter “instant sales contract”) on a verbal basis, and paid KRW 20,000,000 as the down payment on the date of the contract. By September 15, 201, the Plaintiff paid KRW 35,000 as the intermediate payment, and KRW 170,000 as the remainder by September 30, 201.
B. Accordingly, the Plaintiff paid the Defendant the intermediate payment of KRW 35,00,000,00 on September 15, 201, and the remainder of KRW 170,000 on September 29, 201, respectively. The Plaintiff and the Defendant, upon the settlement of purchase price, made a sales contract on the instant building as of September 1, 201 to complete the registration of ownership transfer in the future of the Plaintiff on September 29, 201. On the same day, the Plaintiff and the Defendant completed the registration of ownership transfer under Article 32392 on September 29, 201.
C. After completing the registration of transfer of ownership as above, the Plaintiff completed the registration of transfer of ownership on the instant real estate at the Busan Western District Court’s Busan District Court’s registration office on September 29, 201.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings
2. The Plaintiff asserts that the instant sales contract was concluded by the Defendant’s deception and sought the revocation of the instant sales contract concluded between the Plaintiff and the Defendant, regarding the legitimacy of the claim for revocation of the sales contract among the instant lawsuit.
Ex officio, a lawsuit seeking the cancellation of a sales contract among the lawsuits in this case may be brought only where the law expressly provides for the modification and formation of existing legal relations (see, e.g., Supreme Court Decision 2000Da45020, Jan. 16, 2001). The part seeking the cancellation of a sales contract among the lawsuits in this case has no legal grounds to recognize it as a lawsuit for formation.
Therefore, this part.