계약금 반환 등
1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 16, 2015, the Plaintiff purchased KRW 826 square meters of the price of KRW 600,000,000,000, out of the total amount of KRW 1,867 square meters (hereinafter “instant land before the instant partition”) with the Defendant and Seopo-si B, Seopo-si, and paid KRW 60,000 to the Defendant the remainder of KRW 540,00,000 on the date of the contract, and the remainder of KRW 540,00,000 on November 16, 2015 (hereinafter “instant sales contract”).
B. At the time of the instant sales contract, the Plaintiff entered into an agreement with the Defendant that “The total area of 1,867 square meters is 826 square meters, and the location is indicated as the following first drawings; and the Defendant, until the remainder payment is made, shall divide the area into 826 square meters by parallel with the first drawing display standard line.”
The 1st drawing.
C. On October 28, 2015, the Defendant divided the land before the instant subdivision into 1,041 square meters and 826 square meters before Seopo-si B, Seopo-si, as indicated below, as the second drawings.
Second drawings.
D. On November 13, 2015, the Plaintiff sent to the Defendant, on the following occasions, a content-certified mail to the effect that “The Defendant, starting from the 1st drawing display standard line, as indicated below, the land prior to the instant partition, and dividing the area between the parallel line into a size of 826 square meters.” However, the Plaintiff did not pay the remainder on November 16, 2015, by dividing the area between the parallel line and the surveying standard line into a size of 826 square meters, starting from the south boundary line of the land prior to the instant partition, as indicated in the 2nd drawing, and by dividing the area between the parallel line and the surveying standard line into a size of 826 square meters.”
Three drawings.
E. On November 17, 2015, the Defendant sent to the Plaintiff a content-certified mail stating that “the Defendant divided the instant land before the instant partition in accordance with the instant sales contract, as indicated in the second drawing.”
【Ground of recognition” includes a fact that there is no dispute, evidence of Gap 1 through 5, and evidence of Eul 2, and below each number.