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(영문) 울산지방법원 2017.08.23 2016가단20939

계약금반환 등

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1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B and Defendant C are dismissed.

2...

Reasons

The main lawsuit, counterclaim is also considered.

Ⅰ. The facts following the premise of the determination are found to be either a dispute or the purport of the entire pleadings, other than each macroscopic evidence.

1. Around March 2015, Defendant B obtained approval for the use of “Yansan-gun D Studio Building (hereinafter referred to as the “instant building”) of the fourth floor above the ground, and completed registration of the preservation of ownership on May 13, 2015.

[A 1-2] 2. Defendant B, around December 2015, selected Daesan (State) as an elevator controlled entity of the instant building.

[Reference Inquiries Inquiries at the end of May 29, 2017] The Daesan inspected the elevators every month from December 2, 2015 to October 2016, and as a result of the inspection, the term “Pit” means a buffer area installed in preparation for the falling of the elevator table, which is "buffer space set up at the lowest part of the elevator show line". Thus, water is obtained. Thus, the continuing blocking period is delivered with the statement that the elevator rapid suspension is requested for flood control.

In April 2016, flood control work was performed on the elevator set, but even after that, the above water-saving phenomenon was not improved.

3. In addition, around the end of July 2016, the operation of an elevator was suspended for up to three days during the process of spreading high water in the elevator soft.

However, the suspension of operation was conducted for three days only, and there was no other reason to suspend the operation.

[Witness Witness] B CD

4. On August 12, 2016, the Plaintiff concluded, as a broker of Defendant C, a real estate broker, a sales contract with Defendant B regarding the building site and the instant building as follows:

[A] 5. The main terms and conditions of the instant sales contract and the special agreement are as follows.

[A] Other matters of the special agreement of Article 6(4) of the Contract D, and the phrase "the body list of defects" of Article 6(4) of the Special Agreement are as shown in the attached Form.

6. Meanwhile, the confirmation description of the object of brokerage prepared by Defendant C at the time.