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(영문) 대구지방법원김천지원 2017.12.08 2017가합15365
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 6, 2016, the fact of recognition that the Plaintiff purchased KRW 305 square meters prior to D in the name of Defendant B (Defendant C’s children), KRW 2038 square meters prior to D in the permanent domicile of Defendant B (hereinafter “Defendant C”), KRW 12,648 square meters prior to F, KRW 12,648 square meters in G forest, and KRW 704 square meters in H forest (hereinafter “instant land”) and completed the registration of ownership transfer after full payment of the said purchase price (hereinafter “the instant sales contract”), and the said purchase price (hereinafter “the instant purchase price”), the fact that the registration of ownership transfer is not disputed between the parties or may be recognized by the descriptions in the evidence No. 1 and 4.

2. The Defendants, from July 2009, knew of the fact that the instant land was already designated as a cultural heritage protection area and the cost of excavating KRW 18,000,000 for a period of up to one year, did not notify the Plaintiff of such fact.

The Plaintiff knew that the Plaintiff would purchase the instant land to the Defendants for the purpose of developing the land, and such circumstance is an important matter subject to the duty of disclosure in the transaction. However, the Defendants did not notify the Defendants of such fact, thereby deceiving the Plaintiff.

Therefore, the Plaintiff’s primary cancellation of the instant sales contract, and the Defendant’s conjunctive cancellation of the instant sales contract pursuant to Article 580 of the Civil Act. As such, the Defendant demanded that the Plaintiff refund KRW 410 million for the instant sales contract, KRW 5 million for real estate brokerage expenses incurred by the Plaintiff for the conclusion of the instant sales contract, and KRW 5.6 million for the interest on loans for the payment of the instant sales price.

(Plaintiffs seek payment of KRW 420 million, but it is evident that the sum of the above sales price, real estate brokerage cost, and interest is KRW 420 million). 3. Determination is made on March 3.

A. According to Gap evidence Nos. 3 and 6, part of Gap evidence Nos. 5, and witness I’s testimony, defendant C is a solar power plant on the land of this case around 2009.

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