계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. B, on August 19, 2015, on behalf of the Plaintiff, concluded a sales contract with the Defendant to purchase KRW 650,000,000 (hereinafter “instant land”) for the purchase of KRW 650,000,000 (the contract deposit of KRW 65,000,000, the remainder of KRW 585,000,000), and the Defendant paid each of the down payment of KRW 5,00,00,000, which is part of the down payment on the same day, on August 26, 2015.
[Recognition] Facts without dispute, Gap evidence 1-12, the purport of the whole pleadings
2. The plaintiff's assertion that the land of this case cannot be permitted to construct, but the defendant or the defendant's representative did not notify the plaintiff's agent of the above fact before the conclusion of the contract of this case.
Therefore, since the Plaintiff expressed his/her intent to cancel the instant sales contract on October 14, 2015 on the ground of deception in violation of the Defendant’s duty of disclosure under the good faith principle, the Plaintiff is obligated to pay the Plaintiff the down payment of KRW 65,00,000,000, which was already paid as the return of unjust enrichment following the cancellation of the sales contract, and
3. First of all, there is no evidence to prove this fact as to whether the land of this case was impossible to grant a building permit.
Rather, according to the statement of evidence No. 5 and witness E, it can be acknowledged that the land of this case belongs to an urban area and a Class I general residential area under the relevant Acts and subordinate statutes, and that the land of this case exists in the North-west side of the land of this case.
On the other hand, the Plaintiff cited that the excavation work for underground sewage pipes cannot be received from the owner of the relevant site for the reason that the Plaintiff did not obtain a building permit in the instant land. This circumstance is not ultimately impossible to grant a building permit, but simply requirements for obtaining a building permit.