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(영문) 창원지방법원 2016.01.19 2015가단78010
계약금등반환 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Upon introduction by Defendant C, the Plaintiff purchased each land and above ground buildings of Defendant B, Gangwon-do, E, and F.

B. On April 1, 2015, the Plaintiff and Defendant B concluded a sales contract as follows:

(hereinafter “The instant sales contract”). The subject matter of sale: (a) the sales contract is: (b) the purchase price of KRW 195 million, the down payment of KRW 15 million (payment at the time of conclusion of the contract) and the remainder of KRW 180 million (payment on November 30, 2015): The two plastic houses shall be handed over to the buyer. The two plastic houses shall be handed over to the buyer.

Land low temperature storage shall be excluded from a sale list.

The creation of a mortgage on the real estate concerned shall be liable and resolved by the seller at the same time as the remainder payment is made.

C. Around June 8, 2004, Defendant B sold 285 square meters of 514 square meters of 514 square meters of the land in this case among the land in this case, the land in this case was sold to Ycheon-gun by means of a consultation on a public site. Around June 8, 2004, the land was divided and registered as the land in this case and the land in this case 229 square meters of 285 square meters prior to G was owned by the Plaintiff and Dacheon-gun, Gangwon-do.

At the time of the contract, the Plaintiff paid the down payment of KRW 15 million to Defendant B, and paid KRW 20 million on May 26, 2015.

[Ground for Recognition: Facts without dispute, Gap's 1 through 5 (including branch numbers if there is a serial number)

hereinafter the same shall apply.

) Each description of evidence 8, witness H’s testimony, Defendant C’s examination result, the purport of the entire pleadings

2. Determination as to the claim

A. 1 Plaintiff’s assertion on the assertion related to the assertion that cancellation is a declaration of intent by deception is revoked is not about 568 square meters, and part of the land of this case was sold to Ycheon-gun. Thus, Defendant B’s land that Defendant B is allowed to sell to the Plaintiff is about 700 square meters even though it did not exceed 49 square meters, and the land and buildings of this case were sold to the Plaintiff.

The plaintiff concluded the sales contract of this case by deception of the defendants, and thus cancelled it.

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