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1. The Defendant’s KRW 77,729,600 as well as 5% per annum from January 5, 2016 to August 9, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On August 25, 2014, the Plaintiff concluded a sales contract with the Defendant for the sales of KRW 840,755,500 for the first floor of B building 107 (hereinafter “instant shopping building”) at Jinju (hereinafter “instant sales contract”), and agreed to pay the down payment of KRW 77,729,600 on the date of the contract and the remainder within the designated period for the sales. On August 25, 2014, the Plaintiff paid the down payment of KRW 77,729,60 to the Defendant on August 25, 2014 pursuant to the said agreement.
B. Around July 2015, the Defendant completed the construction of the instant commercial building and notified the buyer of the payment of the balance within a fixed period from August 1, 2015 to August 31, 2015.
C. The inner corridor wall of the shopping mall of this case is entirely favorable, but a fire hydrant is installed in the area of about 1/3 of the total area among them, and a ventilation facility is installed in front of the road outside the building of this case.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 to 3, witness C's testimony, on-site inspection result of this court, purport of whole pleadings
2. Judgment on the main claim
A. The Plaintiff’s assertion 1) The inner wall of the instant commercial building is set up in the wall installed as a fire hydrant, and it is cut off in the front of the exterior of the commercial building, and the view is cut off. In addition, the boundary section column with the next shop is placed inside the instant commercial building and has a defect that has an important impact on the profitability of the commercial building by blocking the view. (2) If the Plaintiff had known of the foregoing problem, he did not purchase the instant commercial building or would have not concluded the instant sales contract without being notified of the above circumstances from the Defendant, and thus, he/she concluded the instant sales contract without being notified of the said circumstances, and thus, he/she shall be revoked by fraud or mistake.
Therefore, the defendant is obligated to return the sale price that the plaintiff paid to the plaintiff.
(b).