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(영문) 대전고등법원 2019.11.14 2019나12808

매매대금반환 등

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs are married couple, who purchased the land of Sejong Special Self-Governing City L 745 square meters (hereinafter “instant land”); Defendant C is a corporation that sells the instant land to the Plaintiffs; Defendant D is a person who signed a sales contract on behalf of the Plaintiffs on behalf of the Defendant C.

On the other hand, both Defendant D and E are G, and Defendant D mediated the above sales contract on the part of Defendant C, and Defendant E mediated the above sales contract on the part of the Plaintiffs.

Defendant FF Association (hereinafter “Defendant Association”) is an organization established with the Z as a member of the Z, and is engaged in mutual aid business to guarantee the transaction party’s liability for property damage in the course of brokerage.

B. On September 13, 2017, the Plaintiffs entered into a contract to purchase the instant land from Defendant C with the purchase price of KRW 340,000,000 (hereinafter “instant sales contract”) and paid the down payment of KRW 68,000,000 on the day of the contract, and the remainder of KRW 272,00,000 on October 18, 2017, respectively.

On the other hand, the Plaintiffs completed the registration of ownership transfer with respect to 1/2 shares of each of the instant land in the name of the Plaintiffs on the date of the remaining payment date, and paid KRW 3,000,000 to Defendant E as brokerage remuneration.

C. 1) The current status of the instant land is located in Sejong Special Self-Governing City, Q, which is the neighboring area of the instant land, “R” designated as the State Folk Resources P. Accordingly, the instant land falls under the area subject to permission for change of phenomenon under the Cultural Heritage Protection Act, and thus, the Administrator of the Cultural Heritage Administration or Special Self-Governing City Mayor, etc. (see Article 35(1)2 of the Cultural Heritage Protection Act, Article 21-2(2)1(a), and Article 21-3(4)4 of the Enforcement Decree of the same Act).