계약금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 13, 2016, the Plaintiff and the Defendants concluded a contract to sell the land indicated in the separate sheet (hereinafter “instant land”) owned by the Defendants for KRW 9 billion.
The purchase price, at the time of the contract, agreed to pay each balance of KRW 900 million within six months from the contract date, and the Plaintiff paid 900 million the down payment to the Defendants on the same day.
B. On May 17, 2017, the Plaintiff and the Defendants agreed to extend the payment date of the remainder as of July 31, 2017 to the Defendants on July 31, 2017, and the Plaintiff paid KRW 100 million additionally to the Defendants on the same day, and if the Plaintiff is unable to pay the remainder within the said period, the Plaintiff entered into a modified contract with the effect that the Plaintiff would waive the payment of the remainder payment and the said KRW 100 million, and immediately cancel the contract (hereinafter “instant contract”).
The Plaintiff paid KRW 60 million among the delayed compensation on the same day to the Defendants.
[Reasons for Recognition] Unsatisfy, Eul evidence 1 to 14 (including virtual number), the purport of the whole pleadings
2. The Plaintiff asserted as to the cause of the claim purchased the instant land for the purpose of supplying future housing by using it for the development project. The Defendants knew that some of the instant land was impossible to develop project at the time of concluding the instant contract, and did not notify the Plaintiff thereof.
Since the contract of this case has an error in the important part of the juristic act as above, the plaintiff has cancelled it (the plaintiff claims the cancellation of the contract, but is selected as a claim for the cancellation of the juristic act). The plaintiff claims the return of the down payment of KRW 90 million paid by the plaintiff to the defendants as well as the delayed compensation of KRW 60 million and the total of KRW 220 million paid as relay fees to the defendants.
3. Determination
(a) The mistake of motive is an error in an important part of the contents of a juristic act;