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(영문) 울산지방법원 2016.01.22 2015가단6127

계약금반환 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 17, 2015, the Plaintiff and C concluded a contract with the Defendant, a licensed real estate agent (hereinafter “instant sales contract”) under which the Plaintiff purchases 6,30,000 won of the building on the land and its ground (hereinafter “instant real estate”).

B. The Plaintiff purchased the instant real estate from the said C with the purchase price of KRW 6.3 million, and paid KRW 50 million as the down payment per contract date, the intermediate payment of KRW 70 million as the down payment on February 10, 2015, the remainder KRW 385 million as of April 15, 2015, and the Plaintiff agreed to succeed to the existing rental deposit of KRW 125 million as follows.

쌍방공부 확인 및 매수인 현장확인과 매도인 구술에 의한 현상태의 매매계약임 매도인은 인도일 이후 1개월 이내에 누수가 발생한 경우 즉시 하자보수해주어야 함(단 배란다 샷시 실리콘에 의한 것과 매수인의 인테리어 공사 등의 과실로 인한 발생은 제외) 잔금까지 3층 주인세대 공실이어야 함 임대차 일체는 매수인 승계조건임(3층 전유부분 전부 제외)

C. At the time of the instant sales contract, the Defendant presented to the Plaintiff a confirmation and explanatory note of the object of brokerage as a licensed real estate agent, and received KRW 5 million from the Plaintiff as a brokerage commission.

Since then, the Plaintiff and the above C cancelled the instant sales contract on March 12, 2015, and the above C returned KRW 3,000,000,000 out of the down payment received from the Plaintiff around April 2015.

E. Under the Licensed Real Estate Agents Act and the Enforcement Decree thereof, the obligation to confirm and explain the object of brokerage and the liability for damages of licensed real estate agents are as shown in the attached Form.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 5 and each video number shall be included.

참조조문