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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) Status of the Parties C C Co., Ltd. (hereinafter “C”).
E, which is a main complex building newly built on the ground of the D land in Gyeyang-si, Yangsan-si, is the new building of this case.
(2) The Plaintiff entered into a sales contract with the Defendant who succeeded to the status of executor C and C with respect to the first floor F of the new building of this case (hereinafter “this case”)
B. On June 28, 2016, the Plaintiff entered into a sales contract with C to sell the instant house at KRW 597,00,000. 2) As seen earlier, the executor of the instant new building changed to the Defendant at C. On December 16, 2018, the Plaintiff entered into a sales contract with the Defendant for the instant house (hereinafter “instant sales contract”) with the same content as the sales contract executed on June 28, 2016, respectively.
3) According to the instant sales contract, the Plaintiff paid KRW 298,500,000 as down payment and intermediate payment KRW 238,800,000 as down payment and intermediate payment. [The Plaintiff did not dispute over the grounds for recognition, entry in Gap’s evidence Nos. 1 through 3, and the purport of the entire pleadings.]
2. As the Plaintiff’s assertion newly constructed new building of this case was completed, the power distribution set up in front of the head office of this case (referring to the disuse of the ground to supply electricity to the building; hereinafter “the power distribution unit box of this case”).
However, this does not exist in the design drawing at the time of the conclusion of the instant sales contract, and as a result of the establishment of the said power distribution box, the instant head office was unable to conduct a normal business as a commercial building because the door of door was obstructed.
The above circumstances are circumstances that may significantly affect the conclusion of the instant sales contract, and C and the Defendant installed the power distribution box to the Plaintiff.