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1. The Plaintiff (Counter-Defendant) is 63.0 square meters of forest land B with a wife population of 601 square meters and C forest land of 1,183 square meters from the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff).
Reasons
1. Details of the claim of this case
A. On December 10, 2014, the Plaintiff, as his husband’s agent, purchased from the Defendant the shares of KRW 601 square meters of land B in the wife population B and 63/1183 square meters of land C and 1,183 square meters of forest land (hereinafter “instant land”) in the amount of KRW 70 million, and paid the price in full by January 21, 2015.
(c) there is no dispute; (b)
The Plaintiff entered into the contract with the Defendant, a planning real estate business entity at the time of the above contract with false and exaggerated information, and thus, the Plaintiff’s delivery of a duplicate of the principal complaint on the grounds of fraud or mistake and seek the return of the purchase price as unjust enrichment.
The defendant shall seek to take over the procedure for the registration of transfer of ownership of each of the above lands as a counterclaim.
The actual situation of the defendant's deception or the plaintiff's mistake: ① The second Highway E (b) is opened within 800 meters from the half of the land of this case, and the plan to open a sub-section E (b) is not established from June 2015 to be commenced, and no construction is started. ② The purchase price of this case does not increase in the land price that the price will increase above KRW 100 million within 2 years after the purchase contract was made. ② The purchase price of this case is more than KRW 70 million than the neighboring transaction price. The purchase price of this case is at least KRW 25,770,000, which is 25,7700,000, which is the appraisal price of the land of this case acquired by the defendant in the auction procedure. ④ The purchase price of this case is more than two times the appraisal price of this case in the auction procedure (41,585,000,000) is less than two times the construction price of this case and it is impossible to construct a new house after the construction of this case.
2. We examine the principal lawsuit and the counterclaim together.
(a)the seller, on the basis of a development plan of land and the expectation of price increase accordingly, shall make such development plan;