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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 26, 2018, the Plaintiff entered into a land sales contract with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the business purpose of selling and leasing real estate, with approximately KRW 413 square meters of land ( approximately 125 square meters of land) out of KRW 1,437 square meters (hereinafter “instant land”) in Osan-si where the Defendant Co., Ltd was awarded a successful bid through a public sale (hereinafter “instant land”). Defendant C participated in the conclusion of each of the instant sales contract with the executive director of the Defendant Co., Ltd., and Defendant D’s employees as the Defendant Co., Ltd.
B. On October 24, 2018, prior to the conclusion of the instant sales contract, the Plaintiff paid to the Defendant Company KRW 10 million for the down payment already paid, and KRW 92,625,000 for the sales price pursuant to the said sales contract four times until November 1, 2018.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. The assertion and judgment as to the cause of the claim
A. 1) The Plaintiff’s assertion that the main purport of the Plaintiff’s assertion is that the instant land is difficult to be developed as “a green belt,” and the previous urban planning was not implemented for a long time. Defendant C and D, which had been developed within the nearest time and caused mistake that the price of the land would increase, thereby allowing the Plaintiff to enter into the instant sales contract. The Plaintiff’s declaration of intent by the above mistake pursuant to Article 109 of the Civil Act is revoked. The Defendant Company must return to the Plaintiff the purchase price of KRW 92,625,00 in accordance with the said sales contract, due to restitution following the cancellation. 2) The Plaintiff voluntarily expressed that the motive that partially purchased the instant land was “the expectation of increase in land price by development.”
This motive is a mistake in the so-called speculation theory, and the other party makes it illegal.