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Reasons
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(영문) 춘천지방법원속초지원 2016.07.28 2015가합235
매매대금반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 27, 2015, the Plaintiff: (a) purchased the instant land from the Defendant at KRW 215 million (hereinafter “instant sales contract”); and (b) on June 2, 2015, on the following grounds: (a) purchased the instant land from the Defendant for KRW 200 million (hereinafter “instant sales contract”); and (c) completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) based on the said sale on the said land.

B. Since before C had cultivated the instant land, there is a ditch in the order of 28, 29, 18, 30, 31, 32, 32, and 28 of the attached appraisal map among the instant land, part of “b” in the part of “B” among the instant land connected with each point of 25,26, 27, 28, 32, 33, 25, and 26 of the said appraisal map among the instant land, and the part “fence area” in the order of 220 square meters connected each point of 25, 26, 27, 28, 32, 32, 30, and 1 of the instant land. The said appraisal map among the instant land was connected with each other of 1,29, 20, 21, 222, 32, 31, 30, and 1, and each of the above appraisal map was connected to 222,234,2325,23.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, Eul evidence Nos. 2 and 3, Eul evidence Nos. 2 and 3 (including serial numbers; hereinafter the same shall apply), witness F and G testimony, result of on-site inspection by this court, appraiser H's appraisal result, the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant sales contract, the Plaintiff did not notify the Plaintiff of the fact that ditches and roads were included in the instant land at the time of the instant sales contract, and the above fact constitutes an important part of the said sales contract. The Plaintiff revoked the instant sales contract on the grounds that there was an error in the important part of the terms of the said deception or the contract.

In addition, this shall apply.

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