In case where there is an error of not exercising the right of explanation as to the process of concluding a contract for partial return of the purchase price.

A wooden building shall not be deemed a stone building, brick, brick, or any other similar solid building among the main sentence of paragraph (1) of this Article.

Article 126 of the Civil Procedure Act

Plaintiff

Defendant

Seoul High Court Decision 71Na824 delivered on July 23, 1971, Seoul High Court Decision 71Na824 delivered on July 23, 197

The original judgment shall be reversed.

The case is remanded to Seoul High Court.

The court below's decision on the ground of appeal No. 1 by the defendant-appellant is without merit since the plaintiff purchased the real estate in this case from the defendant who is the agent of the non-party 1's name and recognized the fact that the plaintiff entered the real estate as the purchaser for convenience. The appeal is without merit.

Determination on the grounds of appeal Nos. 2 and 3

The court below rejected the defendant's defense that the defendant's agreement to return 3,00,000 won out of the purchase price of the land in question was made by the plaintiff's coercion during the defendant's arrest investigation on the ground that there was no evidence that the defendant sold 608 square meters (including buildings) to the plaintiff at KRW 48,80,000 per square year, and the court below rejected the defendant's defense that the plaintiff sold 608 square meters of land (including buildings) to the plaintiff was sold at KRW 48,80,000 per square year, and barring special circumstances, the purchaser's usual damages suffered at 172 square meters out of the land due to replotting disposition, should be 7,800 won X172 (p) x 1,341,600 won to the plaintiff. Nonetheless, the court below rejected the defendant's defense that the court below did not have any influence on the plaintiff's determination of the above facts and did not reverse the court below's judgment as the ground for appeal.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Bunkh Jeong-won (Presiding Judge)