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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
Reasons
1. Basic facts
A. On April 15, 2019, the Plaintiff entered into a contract with the Defendant to purchase KRW 69 square meters of KRW 4,179,000,00, out of KRW 19,636,000 in the wife population C (hereinafter “instant sales contract”), and paid KRW 4,170,000 to the Defendant on the same day.
B. On May 8, 2019, the Defendant entered into a sales contract with D on 5,18/19,636 square meters of equity shares of 19,636 square meters of land in the wife population C, Young-si, and completed the registration of ownership transfer on June 5, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 10, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. At the time of the conclusion of the instant sales contract, E employees of the Plaintiff’s assertion that the land subject to the sale was owned by the Defendant, and set the sales price at seven times or below the market price.
As such, the plaintiff entered into the sales contract in this case due to deception or mistake from the defendant with respect to the owner of the land and the market price of the land subject to sale.
B. Determination 1) Even if the subject matter of the sale belongs to another person’s ownership, the sales contract is valid (see Article 569 of the Civil Act). Since the Civil Act effectively provides for the sale and purchase of another person’s right is to protect the benefit of bona fide buyer’s trust, the buyer may cancel his/her expression of intent of purchase pursuant to Article 110 of the Civil Act, in cases where there are circumstances in which the buyer did not purchase another person’s goods with the knowledge of the seller’s deception if he/she had known that the subject matter of the sale was the seller, if he/she did not purchase another person’s goods (see, e.g., Supreme Court Decision 73Da268, Oct. 23, 1973). However, each of the items stated in subparagraphs 1 through 10 of the
If the defendant is not the owner of the land subject to sale, the plaintiff is in this case.