logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.08.23 2016나70277
계약금반환
Text

1. The plaintiffs' selective claims added to the plaintiffs' appeal and the trial are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. The Plaintiffs concluded the instant sales contract with the Defendant (Withdrawal) Korea Land Trust (hereinafter “Korea Land Trust”), and concluded the sales contract under the terms that the Plaintiff would purchase 101 dong 905,000 apartment complex 1,000 (hereinafter “instant apartment complex”) and paid the Korea Land Trust KRW 26,80,000 in total, including the down payment of KRW 25,931,00,000, and the construction cost of balcony expansion.

B. On September 8, 2015, the Defendant entrusted the instant apartment project to the Korea Land Trust, and subsequently succeeded to all rights and obligations regarding the instant apartment project from the Korea Land Trust as the purpose of the trust project has been achieved, and the trust project has been completed.

[Ground of recognition] Facts without dispute, Gap 1 and 5 evidence (including additional number), the purport of the whole pleadings

2. The court's explanation on this part of the claim for cancellation of a contract is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the argument for revocation of mistake

A. The plaintiffs 1 of the parties asserted that the internal structure of the "1 complex 101 dong 905 m2" stipulated in the sales contract of this case was "one complex C in bankruptcy," and the sales contract of this case was concluded with the knowledge that it was "2 complex C in bankruptcy," which was "84 m2 complex C in bankruptcy," due to the erroneous guidance of the employees in charge of sales.

This is an error in the important part of the contract, and the plaintiffs are obligated to cancel the sales contract of this case on the ground of an error. The defendant is obligated to pay the plaintiffs the down payment of KRW 25,931,00, the costs of expanding balcony, KRW 869,00, the penalty of KRW 25,931,00, the sum of KRW 52,731,000, and delay damages.

2. The Defendant Plaintiffs did not conclude the instant sales contract, as they were found to be erroneous.

Even if the contract for the sale of this case was concluded by mistake as alleged by the plaintiffs, the internal structure of the apartment that the plaintiffs contracted is.

arrow