A. On May 23, 2016, the Plaintiff purchased from the Defendant the price of KRW 565,000,000 for the Seo-gu Incheon Special Metropolitan City (hereinafter “instant land”) and KRW 26,000 for the purchase of KRW 565,00,000 for the purchase price, and the intermediate payment of KRW 250,000 for the contract date, and the intermediate payment of KRW 265,00,000 for the remainder payment on June 30, 2016 (hereinafter “instant sales contract”) was concluded to pay KRW 265,00,000 for each payment on August 22, 2016.

B. However, some of the instant land was scheduled to be a road site, and construction cannot be conducted because construction permission was not granted for the relevant part.

C. At the time of the instant sales contract, the Plaintiff sent to the Defendant on June 24, 2016, a content-certified mail stating that the instant sales contract was reversed and the return of the down payment was sought on the grounds that the Plaintiff did not hear an explanation regarding the prospective site for the road. The said content-certified mail sent to the Defendant on June 28, 2016.

As to the Plaintiff’s content-certified mail, the Defendant also notified the fact that there is a road scheduled site through a broker, and requested the Plaintiff to pay part payments by arguing that the sales contract attached a certificate of land use plan to the sales contract and entered it in the special agreement.

E. Accordingly, the Plaintiff filed the instant lawsuit claiming the return of the down payment after cancelling the instant contract with the delivery of a copy of the complaint of this case, as the Plaintiff, primarily, concluded the instant contract by an expression of intent by fraud, preliminary mistake, or by declaration of intention by mistake.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 5, 7, and 11, and the fact-finding results to the head of Seo-gu Incheon Metropolitan City and the purport of the whole pleadings

2. Determination as to the cause of claim

A. (1) The plaintiff's assertion is about 55 square meters out of approximately 154 square meters of the land of this case.