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(영문) 서울중앙지방법원 2018.09.18 2017가단5212784

손해배상(기)

Text

1. Defendant B’s KRW 7,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 17, 2017 to September 18, 2018, and the following.

Reasons

1. Occurrence of liability for damages;

A. On March 2, 2015, the Plaintiff entered into a contract with the Defendants to sell KRW 403,00 (hereinafter “instant real estate”) owned by the Plaintiff to the Defendants at KRW 254,00,00 (hereinafter “instant parcelling-out contract”). The instant parcelling-out contract was paid to the Plaintiff on the date of the contract, and the remainder amount of KRW 29,00,000 was paid to the Plaintiff on June 2, 2015. The instant contract was entered as the special agreement stating that “The execution of the instant provisional attachment was 10,000,000,000,000 won was 25,000,000,000,000 won was 40,000,000,0000,000,000,0000,000,000,0000,000,000,000,000,000.

Then, the above defendant filed a lawsuit against the plaintiff as Seoul Central District Court 2015dan5188313 against the plaintiff, such as the return of down payment.

The cause of the claim is based on the premise that the real estate in this case was illegally extended without being notified, and thus the contract cancellation by the warranty liability, the cancellation of the contract caused by deception or mistake, and restitution of the original status or the down payment.