매매대금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 4, 2013, the Plaintiff agreed with the Defendant to purchase KRW 230,00,000 (hereinafter “instant sales contract”) the previous C,675 square meters (hereinafter “instant land”) owned by the Defendant for the purchase of KRW 3,675 square meters (hereinafter “instant land”), and paid the said purchase price in full to the Defendant. On September 6, 2013, the Plaintiff completed the registration of ownership transfer on the instant land under the name of the Plaintiff.
B. The Plaintiff filed a building report with the head of the Geum-Myeon in order to build a new warehouse on the instant land. However, on November 25, 2013, the Geum-Myeon was a restricted protection area under the Protection of Military Bases and Installations Act (hereinafter “Protection of Military Installations Act”), and the Plaintiff did not accept the building report on the instant land on the ground that the construction of a warehouse is impossible without the consent of the commander of the jurisdictional unit.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 4, 5, and 7, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's argument that the plaintiff purchased the land of this case from the defendant in order to build a new warehouse, and the defendant knew that it is impossible to build a new warehouse on the land of this case at the time of entering into the sales contract of this case, and that the plaintiff can build a new warehouse on the land of this case. Since the sales contract of this case was concluded by the defendant's fraud, the contract of this case was revoked by the declaration of intent of cancellation made in
Therefore, the Defendant is obligated to pay to the Plaintiff the total of KRW 230,000,000 for the instant sales contract and KRW 231,50,000 for the survey and design service cost of the instant land and KRW 1,50,000 for the land, and damages for delay.
B. The Plaintiff’s land is a person who arranged the instant sales contract concluded between the Plaintiff and the Defendant in the course of operating the F Licensed Real Estate Agent Office in E in Chungcheongnam-si, Chungcheongnam-si, and as a person who arranged the instant sales contract between the Plaintiff and the Defendant to the effect that it conforms to the Plaintiff’s assertion.