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(영문) 서울중앙지방법원 2018.08.23 2017가단74390

부동산매매계약금반환 청구의 소

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1. The Plaintiff (Counterclaim Defendant), Defendant B, and Defendant B, Defendant B, and Defendant B, jointly with Defendant B, KRW 16,00,000, respectively.

Reasons

1. Basic facts

A. Defendant B requested the Defendant C of the Licensed Real Estate Agent Office of F-Real Estate Real Estate Agent to sell the forest E in Gwangju City E 3,058 square meters (hereinafter “instant land”).

Defendant C asked H, a broker assistant of Defendant D’s office of the G Licensed Real Estate Agent, to advertise the instant land, and H posted an advertisement on the I real estate using Defendant D’s I real estate website ID.

In the above advertisement, the phrase “major information” column on the land of this case is indicated as “a vinyl farm site by carrying out natural green areas and partial reclamation, including a partial farming shed, a vinyl house use box, a weekend farm, a medicinal cultivation, etc.,” and is indicated as “entry roads” in the column of “water detailed information.”

B. On July 21, 2017, the Plaintiff’s J reported the said advertisement and concluded a sales contract with Defendant B to purchase the instant land in the name of the Plaintiff for KRW 320,000,000 in the purchase price and to receive the said land on September 8, 2017 (hereinafter “instant sales contract”).

J and Defendant B stipulated the following special terms in the above sales contract:

1. The sales contract is the current facility and the contract is concluded after verifying the certificate of registered matters. 2. All public charges until the balance shall be borne by the seller;

3. Matters not stated in this special agreement shall be governed by the provisions of the Civil Act concerning the contract and by the general practices of real estate trade.

4. Although the above-mentioned contract for the buyer’s all of the above-mentioned land (all of the trees planted in plastic houses and plants) is indicated as “sellers”, it appears to be a clerical error of “Buyers” in light of the overall contract terms.

shall be transferred free of charge to the Corporation.

5. The buyer shall pay the down payment of KRW 4 million on the date of the contract, among the down payment of KRW 32 million, and deposit the remainder of KRW 28 million on July 24, 2017 to the seller’s account until July 10, 2017.

b) the Commission;

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