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(영문) 부산지방법원 2018.09.13 2018가단309015
손해배상 등
Text

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 February 17, 2014, Defendant Korea Asset Management Corporation publicly announced the scheduled bid on two lots, other than 1,173 square meters (hereinafter “each of the instant lands”), which are State property, Busan Young-gu, Busan, and 2 lots (hereinafter “instant land”).

B. The Plaintiff bided KRW 251,700,000 as a successful bidder on February 26, 2014.

C. On February 28, 2014, the Plaintiff entered into a contract with Defendant Republic of Korea to purchase each of the instant land at KRW 251,70,000 (hereinafter “instant sale”) or the instant sales contract, and completed the registration of ownership transfer for each of the instant land on April 29, 2014.

The Defendant Korea Asset Management Corporation indicated the area of each land of this case in the public notice of the expected bid price.

(The registration area of each of the instant lands is 31 square meters of forest land B in Busan, 84 square meters of forest land C, 1058 square meters of forest land in D) (based on recognition). [The fact that there is no dispute, the entry of Gap 1-4 (including household numbers) and the purport of the entire pleadings.

2. The plaintiff's assertion

A. 1) The Plaintiff recognized the entire area of each of the instant lands as 1,173 square meters according to the cadastral record, and purchased each of the instant lands, but the actual area was limited to 970 square meters as a result of the survey (the area of D land was limited to 203 square meters or less than 1,058 square meters as indicated in the public record, and was limited to 855 square meters or less

(2) Since the Plaintiff’s revocation of the part of the instant sales contract on the insufficient area (203 square meters) on the ground of mistake pursuant to Article 109(1) of the Civil Act, this constitutes an error as to the area of land, which is the subject matter of sale, and thus, constitutes an error as to the important part of a juristic act, the Defendant Republic of Korea has a duty to return KRW 43,559,334, the purchase price equivalent to 203 square meters. 2) The instant sales contract was concluded based on the area of the official cadastral record (1,173 square meters). As such, the Defendant Republic of Korea is liable for nonperformance due to incomplete performance

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