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(영문) 대구지방법원 2015.11.13 2015가단7265
계약금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On October 8, 2014, the Plaintiffs entered into a sales contract with the Defendant to purchase each of the land listed in the separate sheet owned by the Defendant (hereinafter “instant land”) on the purchase price of KRW 1180 million (hereinafter “instant sales contract”) and paid the Defendant the down payment of KRW 70,000,000 on the same day.

[Ground for recognition] Unsatisfy

2. Summary of the plaintiffs' assertion

A. The claim for cancellation of the contract is ① Part of the access roads leading to the instant land, ① there is a restriction on the use of access roads as other private land by Daegu North-gu, North-gu, E, F, and G as part of the access roads leading to the instant land. ② The access roads connected to the roads outside Daegu-K, Daegu-K, which are scheduled to be constructed adjacent areas are determined; and the above access roads to the Highway are planned to block the access roads leading to the instant land, and therefore, the instant land is a blind land without the access roads leading to the public road. ③ The land listed in attached Table No. 1 is set up for divided superficies to the Korea Electric Power Corporation as the superficies and from June 29, 2012 to the surviving electric facilities.

The defendant, the seller, had a duty under the good faith principle to notify the plaintiffs, the buyer, before entering into a sales contract, and did not notify the above fact.

Therefore, the Plaintiffs may rescind the instant sales contract on the grounds of the Defendant’s breach of duty of disclosure, and since they expressed their intent to cancel the contract to the Defendant on November 25, 2014, the Defendant is obligated to refund KRW 70,000,000 for the down payment received from the Plaintiffs and delay damages therefor.

B. After the conclusion of the instant sales contract claiming the return of down payment, the Defendant agreed to return the down payment by the above sales price if the instant land is sold to a third party, and the Defendant did not sell it even after the original seller was left.

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