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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 June 14, 2013, the Plaintiff entered into a contract with the Defendant to purchase B miscellaneous land B with the Defendant (hereinafter “instant land”) at KRW 215 million in price (hereinafter “instant contract”) at KRW 200,000,000,000,000, when the Plaintiff was permanently residing in the Defendant.
The Plaintiff paid the Defendant the down payment of KRW 21.5 million on the day according to the instant sales contract, and the remainder payment date was July 12, 2013, but the Plaintiff did not pay the remainder to the Defendant.
B. At the time of the conclusion of the instant sales contract, the instant land was designated as an agricultural infrastructure development and expansion project zone, but after the completion of the instant project, the instant land was substituted with C 8,059 square meters at the time of residence.
C. At the time of the conclusion of the instant sales contract, the Plaintiff notified the Defendant of the cancellation of the instant sales contract and demanded the distribution of the paid down payment, on the grounds that the Defendant was designating the instant land as an agricultural infrastructure improvement project zone, and that it could only be used for agriculture after replotting, the Plaintiff could not be used for the planned purpose.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, Eul evidence Nos. 2 and 3, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s cancellation of a sales contract on the ground of the mistake in the motive of the Plaintiff’s assertion was intended to purchase the instant land from the Defendant for the purpose of constructing solar power plants, and explained the purpose of purchase to the Defendant.
This fact is also known to the effect that the land category of the instant case at the time is a miscellaneous land, and that the sales contract contains the phrase “to re-preparation the contract in the name of the corporation after the purchaser’s establishment.”
Therefore, the purpose of the Plaintiff’s purchase is to be incorporated into the important contents of the contract as the motive for the instant sales contract, and the purpose of the Plaintiff’s purchase is to use the instant land only for agriculture after replotting.