매매대금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On March 10, 2017, the Plaintiff purchased the instant real estate (hereinafter “instant real estate”) at KRW 1333,000,000,000 from the Defendant as an intermediary assistant C, and paid the Defendant the down payment of KRW 12,00,000 on the same day, as well as the remainder payment on June 9, 2017 (hereinafter “instant sales contract”).
B. The real estate of this case is located on the so-called Mano, which is not adjacent to the road more than 2 meters.
【Legal basis for recognition】 The images of the evidence Nos. 1 and 4 (including the number of pages) and the inquiry results of the court of first instance on the following markets, the purport of the entire pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion 1) Defendant or brokerage assistant C did not explain to the Plaintiff the fact that the instant real estate was franchise at the time of concluding the instant sales contract. If the instant real estate was franchise, it is impossible to extend the building and construct a new building in accordance with the Building Act, which constitutes an important content in concluding the instant sales contract. The Plaintiff’s cancellation of the instant sales contract on the ground of mistake. 2) The Defendant did not notify the Plaintiff of the foregoing fact, and C did not have any problem with the Plaintiff’s use of the entry into the instant real estate as an entry into the instant real estate.
Accordingly, the Plaintiff concluded the instant sales contract by recognizing that the instant real estate is not a master land, and thus, the Plaintiff’s sales contract is revoked on the ground of fraud with the Defendant.
3) Therefore, the defendant should return the down payment of KRW 13 million to the plaintiff.
B. The above facts of determination and the evidence presented by the Plaintiff alone cannot be deemed to have concluded the instant sales contract by deceiving the Defendant without knowing that the instant real estate was not in contact with the road more than two meters, or by deceiving the Defendant, and it is otherwise recognized.