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(영문) 서울중앙지방법원 2020.01.17 2018가단5021855
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 22, 2016, the Defendant concluded a sales contract with the following terms and conditions (hereinafter “instant sales contract”) on the part of the land before the instant partition and C land at KRW 40 million on the part of the land before the instant subdivision and KRW 1,630 square meters (hereinafter “the instant land before the instant subdivision”) on the part of Gangwon-gun E-Myeon (hereinafter “F-Myeon”), which owned KRW 1,630 square meters (hereinafter “the instant land before the instant subdivision”) and KRW 1,983 square meters (hereinafter “H-ri land in Gangwon-gun, Gangwon-gun), on the part of the Plaintiff’s land before the instant subdivision and the Plaintiff’s land at KRW 40 million.

Real estate indication: 40 million won in total, in the amount of 40 million won in cases of the purchase price of 70 square meters in Gangwon-do Young-gun G (former) G (former 400 square meters) 400 square meters

1. 20 million won for the down payment; and

2. 5 million won;

2. 25.15 million won;

2. A contract shall be concluded simultaneously with the deposit;

3. Any balance:

3.20. Completion.

B. The Plaintiff paid each of the instant sales proceeds to the Defendant, KRW 5 million on February 22, 2016, KRW 15 million on February 25, 2016, KRW 20 million on March 20, 2016, and paid each of the instant sales proceeds.

C. On July 18, 2016, the Defendant divided the instant land before the instant partition into 331 square meters and 1,299 square meters prior to G. On December 9, 2016, the Defendant completed the registration of the transfer of ownership on the ground of sale as of November 30, 2016 with respect to the Plaintiff’s land 1,29 square meters and C (hereinafter collectively “instant real estate”).

The real estate of this case is a blind person who is not a way to contribute to the present state.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (if there are additional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion transferred only 1,299 square meters (392.95 square meters) to the Plaintiff even though the Defendant decided to divide 400 square meters among the land before the instant partition. This is a mistake in motive as to the subject matter of sale, which was caused or provided by the Defendant, and thus, on the ground of the above mistake.

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