분양대금반환 등 청구의 소
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;
However, as follows, the judgment on the allegations made by the plaintiff in this court shall be added.
2. Additional determination
A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into the instant sales contract with F, an employee of the sales agency of the Defendants, after hearing the explanation that the right to view the sea was secured from the 26th floor of the instant apartment, and trusted that the instant apartment building (instant apartment B B, 2605) has the right to view the sea. It should be deemed that the instant apartment building (instant apartment B, 2605) was included in the contents of the instant sales contract. The said deception by F, an employee of the Defendants’ performance assistant, can be deemed as the Defendants’ deception, and the Defendants are not responsible for providing education to the employees of the sales agency without specifying the households secured by the right to view the sea. Thus, the Plaintiff may cancel the instant sales contract on the grounds of the said F or the Defendants’ deception.
B. In light of the following circumstances, the evidence submitted by the Plaintiff alone concerning whether F or the Defendants had the right to view the sea of the partitioned building of this case, which is acknowledged by comprehensively taking into account the entries of Gap 1, 4, 8, 12, Eul 1-6 (including various numbers; hereinafter the same shall apply), and the testimony and the whole purport of the testimony and arguments by witnesses E of the first instance trial.
It is insufficient to recognize that the Plaintiff concluded the instant sales contract because it belongs to their deceptions, and there is no other evidence to acknowledge otherwise.
Therefore, the above argument of the first-party plaintiff cannot be accepted on a different premise.
① The instant sales contract (A1) does not state at all that the instant partitioned building has the right to view the sea, and rather, the customers prior to the instant sales contract signed and sealed by Article 19(6) and the Plaintiff.