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(영문) 광주지방법원순천지원 2019.04.10 2018가단73673
매매대금반환
Text

1. The defendant shall calculate the amount of KRW 40 million to the plaintiff at the rate of 15% per annum from May 2, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 2016, the Defendant recommended the Plaintiff to purchase the instant forest land by stating that the instant forest land was developed as a housing site within one year and can receive KRW 500,000 per square year, if the Plaintiff purchases KRW 7,192 shares of KRW 179,70,000 (hereinafter “instant forest”) out of 16,529 square meters of C forest land in the natural green belt area (hereinafter “instant forest”).

B. Accordingly, on February 15, 2016, the Plaintiff purchased the forest land of this case from the Defendant as KRW 40 million. Around that time, the Plaintiff paid the full purchase price to the Defendant.

C. At the time of the above sales contract, the market price of the instant forest was KRW 1,151,010, and the market price around November 28, 2018, near the date of the closing of argument in the instant case, is KRW 1,303,155.

On May 1, 2018, the complaint of this case, which contains the Plaintiff’s declaration of intent to cancel the above sales contract on the grounds that the Defendant was deceptioned and entered into the above sales contract, was served on the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap 1 through 4, 6, and 8 evidence, appraiser's appraisal result, the purport of the whole pleadings

2. According to the above facts of recognition, the above sales contract belongs to the defendant's deception by the plaintiff's expression of intent, and on this ground, the above sales contract was legally revoked by the plaintiff's expression of intent that the above sales contract is revoked.

Therefore, the Defendant is obligated to pay to the Plaintiff the above purchase price of KRW 40 million and damages for delay calculated at the rate of 15% per annum from May 2, 2018 to the date of full payment, which is the day following the delivery of the complaint of this case.

The plaintiff's claim is justified and accepted.

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