손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, with the exception of adding "the evidence submitted by the plaintiff alone" to the third 6th 6th th th th th th th th th th th th of the judgment of the court of first instance, and the ground of the judgment of this court citing the plaintiff's new argument 2th th th th th
【Supplementary Note】 【Written Evidence Nos. 2-1, 2-2, 5 and 6-2, and partial testimony of witness B of this Court】
2. The Plaintiff asserts that the agreement to submit in advance a structural review report to the Defendant regarding the construction of a concrete retaining wall was premised on the premise that the structural review report is necessary for obtaining permission for development activities, and that the structural review report was not required for the actual development activities. Therefore, the Plaintiff asserts that the agreement to submit a structural review report was cancelled by mistake.
To cancel a juristic act on the ground that the mistake in motive constitutes an error in the important part of the contents of the juristic act, there is a need to indicate the other party that the motive is the content of the declaration of intent, and there is a reason to deem that it is the content of the juristic act.
(See Supreme Court Decision 2010Da1456 Decided July 22, 2010). The purport of the Plaintiff’s motive is that “a structural review is necessary only for obtaining permission for development activities from Chuncheon City, and if it is apparent that it is unnecessary to obtain permission for development activities, a structural review report shall not be submitted” as to the instant case, and there is no evidence to acknowledge that such intent expressed to the Defendant that it was the content of the said agreement.
The plaintiff's above assertion also has no reason to do so without examining it.
3. Conclusion, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed.