손해배상(기) 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 10, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase the land and above-ground factories (hereinafter “instant real estate”) in Seocho-gu, Seoan-gu, Seo-gu, Seoan-gu (Seoul, D, E, and land and above-ground factories (hereinafter “instant real estate”) in the purchase price of KRW 900 million (hereinafter “instant sales contract”) and with respect to the payment of the purchase price, the Plaintiff entered into a contract with the Defendant to purchase KRW 470,000,000,000 (hereinafter “the instant sales contract”). The Plaintiff agreed that “the contract amount of KRW 50,000,000 shall be paid at the time of the contract, and the balance shall be paid KRW 85,00,000 on August 1, 2016; the Plaintiff paid KRW 50,000,000 on the day of the instant sales contract, or that there may be no dispute between the parties to the instant contract, or the purport of the entire number No. 2 (including the number number).
2. The plaintiff's assertion and judgment as to the plaintiff
A. In the Plaintiff’s selective assertion, the Defendant and Nonparty B, as the real estate market price of this case was 50 million won at the time of the conclusion of the instant sales contract, notwithstanding the fact that the real estate price was 1 billion won or less at the time of the conclusion of the instant sales contract, and thus, it would be possible to loan KRW 80 million from the financial institution as collateral of the instant real estate and pay the balance, and the Plaintiff committed a tort for having the Defendant pay the down payment amount of KRW 50 million. Thus, the Defendant is jointly and severally liable with Nonparty B to compensate for damages equivalent to the down payment suffered by the Plaintiff, or the instant sales contract was concluded by mistake as to the important part of the Defendant’s deception or the Plaintiff’s legal act. Accordingly, the Plaintiff revoked the instant sales contract by delivery of a duplicate of the complaint of this case. The Defendant is obligated to return the down payment amount of KRW 50
B. Therefore, as alleged by the Plaintiff, the Defendant’s market price of the instant real estate is less than KRW 500 million.