(영문) 의정부지방법원 2018.09.20 2017가단121915

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(영문) 의정부지방법원 2018.09.20 2017가단121915

매매대금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 30, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase the housing of KRW 375,000,000 in the purchase price (hereinafter “instant sales contract”) on the Do Government-si, Da-si, 148.3 square meters and the second floor of the brick slive roof (hereinafter “instant housing”), which is owned by the Defendant, and paid KRW 37,000,000,000 in total as the down payment to the Defendant on June 30, 2017.

B. The underground room of the instant house is 16.63 square meters in the registry and the building registry, and the actual area is larger than that.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. At the time of the conclusion of the instant sales contract by deception, D, a licensed real estate agent for the defendant, could live in the underground room of the instant house because the partitions is installed in the underground room of the instant house, and explain that the instant house is a legitimate building.

However, in fact, there is no partitions in the underground room of the instant house, and thus two households are unable to live. The underground room was illegally expanded, and the actual area and the area in the public register were illegal buildings.

Since the plaintiff entered into the contract of this case by such deception on the part of the defendant, the plaintiff expressed his/her intention to cancel the contract of this case by serving a duplicate of the complaint of this case. The defendant is obligated to pay the contract deposit amount of KRW 37,00,000 to the plaintiff.

B. The structure and size of the underground room of the instant housing, claiming the revocation by mistake, constitutes an important part of the instant sales contract, and if the Plaintiff cannot live in the underground room of the instant housing.

If the plaintiff knew that the actual area of the underground room does not coincide with that of the registered area, the plaintiff would not conclude the sales contract of this case.

As such, the Plaintiff entered into the instant contract based on mistake.

유사 판례

-부산지방법원 2016.09.01 2015나50474

-서울행정법원 2017.02.16 2016구합5198

-대구지방법원 2018.05.04 2018고정54

-대법원 1987. 9. 8. 선고 87누471 판결

-서울남부지방법원 2013.11.04 2013가단43189