손해배상(기)
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 3, 2015, the Plaintiff: (a) reported the open bid advertisement of the Gwangju Mine-gu B commercial building published by the Defendant; (b) entered the lowest bid price of KRW 104 on the first floor in the above commercial building in KRW 283,790,000 and entered into a sales contract with the Defendant (hereinafter “instant sales contract”); and (c) paid the Defendant KRW 56,758,000 in total on the same day as the down payment and the 20th day of the same month, respectively.
- The fact that there is no dispute as to whether there is a basis for recognition of a loan arrangement for a commercial building, Doo-type commercial building, or part payments loan arrangement / the fact that there is no dispute, and the statement in Gap evidence Nos. 1 through 4.
2. The parties' assertion
A. (1) At the time of the instant sales contract on the part of the Plaintiff’s primary claim, only 30,000,000 among 19,000, the sales price of the B commercial building was reduced to 198,000 won, the Defendant did not notify the Plaintiff of such fact.
The advertisement posted by the Defendant is an exaggerated advertisement that is called “a complex with an earning rate of return, a store with no room for commercial buildings, or a store with different premium,” and as a result, the Plaintiff’s service of a copy of the complaint of this case by fraud or a mistake in the important part of the sales contract of this case (if there was no false or exaggerated advertisement or it was predicted that the sales price will be reduced due to the occurrence of unsold commercial buildings, the above sales contract was not concluded) shall be revoked.
Therefore, the defendant must return the down payment to the plaintiff.
(2) Preliminary claim part, even if the sales contract in this case was cancelled due to the Defendant’s cause attributable to the Defendant, the down payment that the Plaintiff paid to the Defendant constitutes an estimate for damages, which should be reduced unfairly because it is excessive.
The ordinary down payment is a practice that corresponds to 10% of the selling price, and the defendant is the defendant.