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(영문) 인천지방법원 2017.03.29 2015나56611

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the instant case, is that the part concerning the Defendant Company among the “a summary of the Plaintiff’s assertion” in the judgment of the court of first instance, and the “a judgment on the part concerning the Defendant Company’s claim” is excluded from the dismissal as follows, all of which are the same as the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance

2. Of the Plaintiff’s assertion, at the time of the instant sales contract for the part of the Defendant Company’s assertion, the Defendant Company deceivings the Plaintiff as to the existence of a development plan for the instant land or neighboring land by stating that “I would promptly start the development of Yangyang-gun Kri, and thus will be able to view the land at the present.”

In addition, even though the Defendant Company had concluded a sales contract on the land of this case, which is the land of this case, the original Plaintiff and the instant land, not the land of this case, the Defendant Company had finally concluded a sales contract on the land of this case, which is another land, and had the identity and location of the land subject to sale

In addition, although it is impossible to develop or construct the instant land because it does not pass around, the Defendant Company deceivings the Plaintiff as if it is possible to develop or construct the instant land.

1) Therefore, the Plaintiff revoked the instant sales contract by serving a copy of the instant complaint on the grounds of deception by the Defendant Company, and the Defendant Company ought to return the purchase price to the Plaintiff. 2) Furthermore, in concluding the instant sales contract, all the Plaintiff and the Defendant Company indicated that there was a development plan for the instant land, thereby becoming the content of the instant sales contract, and if it was known that there was no development plan, it constitutes the key part of the sales contract as well as the Plaintiff.

The Plaintiff is a sales contract of this case.