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(영문) 인천지방법원부천지원 2020.09.22 2019가단106936

기타(금전)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On October 4, 2018, the Plaintiff concluded a sales contract with the Defendant to purchase the second floor G (hereinafter “instant building”) of Kimpo-si D and E F apartment (hereinafter “instant entire apartment”) in the sale price of KRW 530 million (excluding value-added tax) (hereinafter “instant sales contract”).

On October 4, 2018, the Plaintiff paid the down payment of KRW 53 million (hereinafter “instant down payment”) to the Defendant based on the instant sales contract.

B. On October 4, 2018, the Plaintiff received the specific contents of the instant sales contract, and prepared a “written special agreement on the contents of consultation” (Evidence B; hereinafter “instant special agreement”) stating the purport that the Plaintiff verified the major matters related to the conclusion of the instant sales contract by item, and issued it to the Defendant.

The instant special agreement contains each of the following confirmations.

Matters to be confirmed among the contractual matters

8. Lease to units of housing units shall be based on the responsibility and cost of parcelling-out.

Matters to be confirmed among other matters

2. Explanations were explained on the basis of the fact that matters such as size, height, entrance and location of facilities were false and exaggerated, and other information not stated on the sales promotional materials (sales contract, carcs, etc.) are irrelevant to the sales contract in this case. 4. It is recognized that separate contract acts (such as pre-sale arrangement and repurchase guarantee, lease guarantee, premium guarantee, type of business and brand guarantee, permission of cancellation, etc.) other than the sales contract provisions are invalid, and that the contents of the sales contract are sufficiently explained and heard.

The Defendant: (a) between the Defendant and H (hereinafter “H”) on March 2, 2018; and (b) before preparing a sales contract on the sale of the entire apartment in this case, H was delegated by the Defendant within a certain scope; and (c) before preparing the sales contract on the sale of the entire apartment in this case, the applicant’s personal information.