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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 January 8, 2018, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with C, representing the Defendant, that KRW 1,045,00,000,00 for a down payment of KRW 300,00,00 for the intermediate payment, KRW 300,000 for the intermediate payment, and KRW 675,00,000 for the remainder payment on March 21, 2018, and KRW 70,000 for a down payment of KRW 70,000 until the contract is entered into (hereinafter “instant sales contract”).
B. On January 23, 2018, the Plaintiff purchased the instant real estate to C and tried to build a new multi-unit house, and notified C of his intention to cancel the instant sales contract on the ground of mistake that it did not permit multiple houses.
C. On February 8, 2018, C sent a certificate of content that requested the Plaintiff to notify the termination of the sales contract in writing, but upon return due to no closed door, C notified the Plaintiff of the text message that he/she will follow the instant sales contract was terminated on March 5, 2018. On April 3, 2018, the Defendant concluded a contract to sell the instant real estate with a third party and completed the registration of ownership transfer on July 6, 2018.
[Reasons for Recognition] Gap's evidence 1, 2, 8, Eul's evidence 1, 2, and 5, and the purport of the whole pleadings
2. The Plaintiff asserted that the instant sales contract was concluded by hearing the words that permission for multiple houses can be granted to the instant real estate from the construction designer F, a licensed real estate agent, E and E introduced by the Defendant, but it is actually impossible to grant multiple houses permission. Thus, the instant sales contract should be revoked on the ground of mistake.
In addition, since the Defendant unilaterally sold the instant real estate to a third party and completed the registration of transfer of ownership on April 3, 2018, the instant sales contract was impossible to perform due to the Defendant’s fault, the full amount of KRW 70,000,000 should be refunded, and even if the instant sales contract was concluded, the Defendant’s sales contract.