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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 11, 2015, the Plaintiff entered into a sales contract with E representing the Defendant and with respect to the D apartment Nos. 102 and 202 on the ground (hereinafter “instant real estate”) on the land outside Yongsan-gu, Yongsan-gu, Seoyang-gu, U.S., U.S. 156,00,000 won (hereinafter “instant sales contract”).
B. On February 17, 2015, the Plaintiff entered the instant real estate after full payment of the purchase price and completing the registration of ownership transfer for the instant real estate and has resided until now.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts as follows and seeks a judgment as stated in the purport of the claim.
1) At the time of the instant sales contract, E purchased the instant real estate on the ground that there is no problem in the view of the instant real estate even though the warehouse building that was scheduled to be constructed near. Since the actual completion of the sales contract is extremely difficult to view the external view of the inside or living room of the instant real estate, it constitutes an error of an important part of the contents of a juristic act, and thus, the instant sales contract is revoked. (ii) There is a serious defect in the entire real estate of this case, such as mycoi in the building located outside the building.
B. The 1st mistake and declaration of intention may be cancelled when there is an error in the important part of the contents of a juristic act. In a case where there is an error in the motive for the declaration of intention, it may be cancelled only when the parties have taken the motive into account as the contents of the declaration of intention. The mistake in the important part of a juristic act shall be important to the extent that the arbitr would not have made the declaration of intention if there was no such a mistake, and such declaration of intention shall not be made if the arbitr had taken the place in the place of the general public.