매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 7, 2013, the Plaintiff asserted that the Defendant purchased a forest of 729 square meters, etc. (hereinafter “instant land”).
However, due to the axis accumulated on the land of this case, the area actually usable out of approximately 220 square meters of the total area is not only 142 square meters.
This constitutes a defect in the subject matter of sale, and thus, the defendant should compensate the plaintiff for the expenses of reconstruction cost of 60,160,000 won, which is the damage incurred thereby.
2. In the event that the subject matter of the sale and purchase lacks objective performance expected in light of the transaction norms, or the subject matter of the sale and purchase lacks objective performance, the seller bears the warranty liability due to the defect to the buyer;
(See Supreme Court Decision 98Da18506 delivered on January 18, 2000). In full view of the purport of the entire pleadings as a result of appraiser D’s appraisal of defects, the fact that the large part of the stable area is reduced compared to the original land area is recognized.
However, in full view of the following circumstances acknowledged by the evidence mentioned above as well as the evidence Nos. 1 and 3, it cannot be deemed that the instant land, which is the subject matter of sale, lacks the objective nature and performance that can be expected in light of the transaction norms, or lacks the nature of either party’s estimate or guarantee.
① The Plaintiff concluded a sales contract after completing an on-site inspection of the instant land upon completion of the entire stable cost.
② In the event that a stable is he/she he/she he/she he/she he/she he/she he/she stores a stable on land, there may be parts that can not be he/she can he/she he/she with adjacent topography, obstacles, etc., so that the general public can sufficiently expect that the area of the stable part is reduced to some extent than the original area of the land.
③ As alleged by the Plaintiff, the original Defendant calculated the sales amount of KRW 860,00 per square meter on a land size of 220 square meters, and calculated the sales amount, and the Plaintiff newly constructed three-story buildings on a site of 220 square meters after purchase of land and more than 15.