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(영문) 대전지방법원공주지원 2020.02.20 2018가단22373

매매대금반환

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 10, 2018, the Plaintiffs agreed to pay the remainder of KRW 415 million to the Defendants on July 6, 2018, when purchasing from the Defendants the E field 1,151 square meters (hereinafter “instant land”) in the amount of KRW 490,000,000.

(hereinafter “instant sales contract”). B.

The Plaintiffs paid 75 million won the said down payment to the Defendants.

C. Meanwhile, on the other hand, on May 12, 2017, the head of the public road zone determined and publicly announced the road zone and topographic drawings during the implementation period from May 2, 2017 to December 2021, 2021, and the Administrator of the Administrative City Construction Agency, etc. The instant land is adjacent to the road to be constructed according to the said construction (hereinafter “instant road”).

On June 20, 2018, the Plaintiffs submitted to the Multifunctional Administrative City Construction Agency a petition stating that “the construction of an access road connected to the instant road from the instant land to the instant road” was changed. On June 28, 2018, the Multifunctional Administrative City Construction Agency sent a reply to the Plaintiffs on the following: “The instant land cannot be installed as an access road in the sphere of its influence; and soundproof walls are installed to prevent noise damage between the instant land and the instant road.”

[Reasons for Recognition] The non-contentious facts, Gap evidence Nos. 1 through 4, and the result of each fact-finding to the Multifunctional Administrative City Construction Agency, the purport of the whole pleadings

2. The plaintiffs' assertion that the contract of this case was invalidated for the following reasons. Thus, the defendants are obligated to return each of the down payment that the plaintiffs paid to the plaintiffs to the plaintiffs.

The plaintiffs, due to defects, purchased the land of this case for the purpose of constructing a commercial building, and G and H, as of the time of the contract, are located in the land of this case to the plaintiffs at the time of the contract, the effect of the advertisement is high if they newly build a commercial building.