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1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.
2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 78,750.
Reasons
1. The plaintiff at the first instance court filed a claim for the return of the sale price already paid due to the cancellation or cancellation of the sale contract, and the defendant filed a counterclaim seeking the acceptance of the application procedure for the registration of transfer of ownership on the object of sale and the payment of the unpaid sale price on the premise that the sale contract is valid, and both the principal claim and the counterclaim claim were dismissed.
Since only the plaintiff filed an appeal, only the principal claim is subject to the judgment of this court.
2. Determination as to the cause of the principal claim
A. (1) On November 2, 2011, the Plaintiff: (a) indicated at the time of the sales contract for three multi-household houses and 24 households (hereinafter “multi-household houses”) on the 101 unit of G on the 301 unit on the 301 unit of G-si, Yeongdeungpo-gu, Seoul; (b) concluded a sales contract with the Defendant (multi-households) by setting the sale price of KRW 197,50,000 as the sale price as 197,50,000 on the 301 unit of housing, but the construction of multi-household houses was not completed by February 28, 2012, which is the scheduled date of occupancy.
The plaintiff argued to the defendant about the construction differently from the explanation at the time of delayed occupancy and conclusion of the sales contract.
(2) On March 5, 2012, the Plaintiff agreed not to raise an objection after the Defendant and the Plaintiff doing the construction of a Vietnamese new construction and small-scale stuffing 301. However, on April 14, 2012, the Plaintiff agreed not to raise an objection. In other words, on April 14, 2012, the object of the sales contract was “Dadong” at the time of the sales contract with the exclusive area of 301 and the exclusive area of 103 units was changed to “103 units” at the time of the registration of the preservation of ownership.
(3) The sales contract was concluded on December 2, 201 and the sales contract was concluded on December 2, 201, with the same amount as KRW 197,500,000. (3) The sales price was set as KRW 29,625,00 on November 2, 201, and the intermediate payment was KRW 29,625,00 on December 2, 201.