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(영문) 대전지방법원 2021.01.13 2019가단21870

위약금 등

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 4, 2019, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant C, with the introduction of Defendant C as a private broker, to purchase KRW 215 million with respect to a detached house of 214.7 square meters (hereinafter “the instant real estate”) of the Taedong-gu Daejeon High-gu Daejeon, Daejeon, for a down payment of KRW 10 million, and paid KRW 10 million with the remainder amount of KRW 2.5 million (hereinafter “the date of payment”).

B. The instant real estate is a building located within 30 years prior to the entry into the instant transaction agreement (Evidence A No. 1) with the term “transaction under the present facility,” and on August 19, 2019, the additional special agreement entered into between the Plaintiff and the Defendant (Evidence B No. 1) entered into between the Plaintiff and the Defendant, stating that “A is responsible for the buyer even if any present or subsequent generation occurs, and shall be accepted at the buyer’s expense,” and “no defect or objection is raised with respect to the housing.”

(c)

On November 2019, the Dongdaemun-gu Seoul Metropolitan City Office issued an order to correct violations, such as partial extension of real estate, unauthorized block division, etc., to file a civil petition with the civil petition administrator, and ordered Defendant B to correct the violation.

Defendant C notified the Plaintiff at the time of mediating the instant sales contract that the instant real estate was a highly advanced building before 30 years, but did not explain the violation as above.

[Ground] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, Eul evidence Nos. 3 and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Defendants, which was an illegal building, belong to the Plaintiff, and concluded a sales contract. As such, the instant sales contract is rescinded due to the seller’s fault.

In order to acquire the instant real estate, the Plaintiff paid a down payment of KRW 10 million, and borne KRW 20 million as an internal repair cost of the real estate.

2) In damages, Defendant B’s damages amounting to KRW 20 million, which is a sales of down payment, and KRW 20 million for construction work.