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(영문) 광주지방법원 2016.04.29 2015나7356

계약금반환

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On April 19, 2014, the Plaintiff concluded a sales contract with Defendant E’s agent who works as a broker assistant at the K Licensed Real Estate Agent Office operated by Defendant D, and with G, which is the agent of Defendant C, with the content that the Plaintiff purchases a building of F large scale 246§³ of Gwangju Mine-gu and three floors above its ground (the first floor, the second floor, the third floor, the second floor, and the third floor; hereinafter “instant building”) at KRW 605,00,000.

(hereinafter “instant sales contract” and “the instant sales contract” refers to “the instant sales contract”). B.

Paragraph (5) of the special terms and conditions of the instant sales contract stipulate, “The building in violation of the building ledger” as follows: “The building shall be confirmed as large as 10 households in total from the 2nd and 3th and 4th to the 10th and upper floors, and the building area (the building area (the third floor unit unit unit unit unit unit unit unit unit unit unit unit unit) shall

C. Although the building ledger of the instant building states the “violationed building” as the “violationed building,” there is no indication as to the content of the violation. The confirmation and explanatory note of the object of brokerage attached to the instant sales contract is indicated as “violation” in the “whether the building is in violation of the building ledger,” and the “building ledger” is indicated in the “verification and explanatory materials.”

The illegality of the instant building at the time of the instant sales contract is as follows.

Before the sales contract of this case, the Gwangju Metropolitan City Mine Office notified Defendant C of the corrective order and non-performance penalty related to the substantial repair of the second and third floors and the change of the use of the parking lot.

On January 31, 142.74 2nd 142.74 2nd 142.74 2nd 142.74 2nd 2nd 142.74nd 2nd 28.42nd 13.7.42nd 5th 28. Landscaping damage 18.11th 15th 21th 18.2nd 15. 1st 201. 8nd 8. 1st 8. 1st 15. 1st 15. 1st 8. 1st 8. 1st 8.

E. The Plaintiff is a down payment of KRW 36,00,000,000 for April 18, 2014, and KRW 35,000,000 for April 19, 2014, and KRW 36,00,000 for Defendant C.