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(영문) 부산지방법원 2016.02.17 2015가단16053

원상회복등

Text

1. The Plaintiff, Defendant B and C, each of whom was KRW 55 million, Defendant E and the Korean Licensed Real Estate Agent Association, respectively, and Defendant B, C and 40,579.

Reasons

1. Facts of recognition;

A. Defendant B is the owner of the land listed in the separate sheet No. 1 through 3 (hereinafter “instant land”). Defendant C is the owner of the land listed in the separate sheet No. 4, 5 (hereinafter “instant land”; Defendant C is the owner of the land listed in the separate sheet No. 4, 5 (hereinafter “instant land”); Defendant E is the licensed real estate agent, Defendant D is the broker, and Defendant Association is the mutual aid business entity who has entered into a mutual aid agreement with Defendant E in order to guarantee the broker’s liability for damages.

B. On August 23, 2014, the Plaintiff concluded a sales contract to purchase each of the instant land from Defendant E and D in a lump sum with the purchase price of KRW 220 million (hereinafter “instant sales contract”) and paid KRW 55 million in total the down payment and intermediate payment.

In the instant sales contract, the land category shall be indicated as the indication of real estate subject to sale: The land category shall be 20,337 square meters (6,152 square meters).

C. On the real estate register and cadastral map with respect to each of the instant lands, the land category and size are indicated as “forest land 2,274 square meters”; the instant land 1,560 square meters; the instant land 2,680 square meters; the instant land 3 square meters as “forest land 2,681 square meters; the instant land 4 square meters as “former 11,382 square meters; and the instant land 5 square meters as “land 2,440 square meters”; and the instant land 4 and 5 on July 20, 1991, the right holder’s right to claim transfer of ownership has been registered.

However, as a result of the survey, 2,467 square meters among the 11,382 square meters prior to the instant 4 land were confirmed as a bank, ditch, road, and 1,13 square meters as forest land, and 209 square meters among the 2,440 square meters of the instant 5 land as a bank.

F. Meanwhile, Defendant B and C had requested Defendant E and D to sell each of the instant lands, but Defendant E and D posted the following articles (hereinafter “the instant advertisement”) advertising each of the instant lands on the Internet next page of “G”, and the Plaintiff reported the said posted materials at first.