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(영문) 청주지방법원 2020.02.12 2019가단29136

손해배상(기)

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 31, 2019, the Plaintiff purchased (hereinafter “instant purchase”) the purchase price at KRW 728,800,000,00 from Defendant B’s land D (hereinafter “D”) and the neighboring land E (hereinafter “E”). On the same day, the Plaintiff paid Defendant B the down payment of KRW 60,000,000 on the same day.

B. Defendant C mediated the instant sales contract as a licensed real estate agent.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Judgment on the Plaintiff’s assertion of the cause of claim

A. The summary of the Plaintiff’s assertion 1) Defendant C is the Plaintiff, and Defendant C is the retaining wall (hereinafter “this private retaining wall”).

(2) The retaining wall of this case is located in D, and the retaining wall of this case is located in D, and the retaining wall of this case is located in D, and the remaining 47.45% of the retaining wall can not be used as a slope in the retaining wall of this case. (2) The primary claim of this case made a false notice to the Plaintiff of the present status of D as above, and the Defendant B did not know it to the Plaintiff even though it was well known, this constitutes a deception.

Therefore, as a joint tortfeasor, the Defendants are jointly and severally liable to compensate the Plaintiff for damages equivalent to KRW 60,000,000.

3) The Plaintiff entered into the instant sales contract by mistake as to the key part of the legal act, and thus, revoked.

Therefore, Defendant B, as unjust enrichment, is obligated to return KRW 60,000,000 as the instant sales contract amount.

B. Defendant C’s above damage to the Plaintiff in violation of the duty to explain the object of brokerage.