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(영문) 서울중앙지방법원 2015.05.20 2015가합508209
매매대금반환
Text

1. The plaintiff's primary and primary claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the case is that the Plaintiff is liable for nonperformance due to the Defendant’s deception or the Plaintiff’s mistake as to whether the sales contract for the instant land should be gratuitously reverted or compensate, on the ground that: (i) one parcel of land (2 lots of land (2 lots of land), purchased from the Defendant and completed the registration of ownership transfer; hereinafter “instant land”) should be gratuitously reverted to the management agency; and (ii) the Plaintiff is liable for nonperformance due to nonperformance of the obligation to transfer ownership, as the Plaintiff became final and conclusive; and (iii) the instant land should be revoked as a legal act due to the Defendant’s deception or the Plaintiff’s mistake on whether the sales contract for the instant land ought to be gratuitously reverted or compensate, on the ground that the Defendant ought to be held liable for tort on the ground that the Defendant ought to be held liable by implied or active deception as to gratuitous reversion or compensation.

Since the above land (35 square meters of the land before division) is used for the construction of a road according to a building permit and permission for development activities (such as changing the form and quality of land) at a time, such as the premise and the defendant's permission for development of the above land (35 square meters of the land before division), no objection is raised to use it as a road, and then (including all facilities installed on the land and the road site) will be donated after the construction into a road (including

On July 15, 2005, the Defendant filed an application for a construction permit and a permit for development (land alteration) to establish Class I neighborhood living facilities (retail stores) at the 660 square meters of Seongdong-gu, Manam-si, Manam-si, Manam-si, Manam-si, Manam-si, Seoul-si, and submitted a promise of donation.

The contents are as follows, and the head of the revised office made a building permit on July 27, 2005.

The land before subdivision was divided into a C orchard 618 square meters and the instant land (B orchard 42 square meters) on June 2, 2009, and on June 9, 2009.

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