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(영문) 울산지방법원 2014.07.09 2013가단34777
계약금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On September 5, 201, the Plaintiffs entered into a sales contract with the Defendant for purchase of the purchase price of KRW 360 million (hereinafter “instant sales contract”) of KRW 360,000,000,000 for the amount of KRW 950,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000 won.

2. Determination

A. The Plaintiffs asserted 1) purchased the instant land for the purpose of construction, and indicated it to the Defendant, and the Defendant stated that there was a building permit for the instant land to the Plaintiffs. (2) However, as a result of confirmation by the relevant authorities after the instant sales contract, the instant land cannot be granted a building permit unless the access road is secured on the franchise road.

3) The Plaintiffs caused mistake that they can be constructed on the instant land, and concluded the instant sales contract, which was caused by the Defendant, and thus, the instant sales contract was revoked by delivery of a complaint pursuant to Article 109 of the Civil Act. 4) Accordingly, the Defendant is obligated to return the down payment to the Plaintiffs.

B. In light of the fact that the Plaintiff A had a real estate brokerage business (the testimony of the witness H) and the land of this case can be easily confirmed through the cadastral record, it is insufficient to recognize that the Plaintiff entered into the instant sales contract by mistake that the Plaintiff could not obtain a construction permit unless the access road is secured on the blind land.

Even if the plaintiffs entered into the instant sales contract by mistake as above, it is insufficient to recognize that the Defendant caused the instant sales contract only by the evidence Nos. 1-7 (including the paper number).

Therefore, the Plaintiffs cannot cancel the instant sales contract on the ground of mistake pursuant to Article 109 of the Civil Act.

3. The plaintiffs' conclusion against the defendant.

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