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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 6, 2017, the Plaintiff entered the purchase price of KRW 1250,000,000,000,000 won (Evidence A 2) in the contract for the purchase of KRW 1.2 square meters (hereinafter “instant land”) owned by the Defendants from the Defendants (Defendant each 1/2), but it appears that the purchase price was lowered on the grounds of capital gains tax, etc.
After entering into a contract to purchase (hereinafter “instant contract”), the said contract shall be paid in full, and on May 16, 2017, the registration of ownership transfer is completed in the name of the Plaintiff with respect to the said land.
B. The Plaintiff divided the instant land into D (459 square meters in a site area) and E (458.2% in a site area), and constructed two studios in a total of 542.4 square meters in a building area (271.2 square meters in a building area).
C. On the ground that the Plaintiff and the Plaintiff’s Dong Jae-gu F did not notify the Defendants of the existence of the Building Limit Line on the instant land, they concluded the instant contract by deceiving the Plaintiff, and acquired by deceiving the Plaintiff KRW 1.25 million from the Plaintiff, they filed a complaint against the Defendants as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). However, on December 29, 2017, the Defendants were subject to a disposition of uncompeting evidence from the head office of the Changwon District Prosecutors’ Office.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 5, 7 through 13, 16 (including Serials), Eul evidence Nos. 5 and 7, witness G testimony, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. During the process of concluding the instant contract, the Defendants deceptioned the Plaintiff by not notifying the Plaintiff of the existence of the Building Limit Line on the instant land, and received KRW 1.25 billion from the Plaintiff, by means of deceiving the Plaintiff, in which the Plaintiff was aware of the existence of the Building Limit Line on the instant land.
If the Plaintiff was notified of the above circumstances, it would not conclude the above contract or would not pay the purchase price.
The plaintiff.