계약금 반환 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant C is a licensed real estate agent who runs the real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office” and “F Licensed Real Estate Agent Office”.
The defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the "Defendant Association") entered into a mutual aid agreement with the above Defendants with the terms that the defendant Association compensates for property damage within the limit of KRW 100 million when each mutual aid holder caused property damage to the parties to a transaction by intention or negligence in performing real estate brokerage.
B. On December 15, 2015, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant C and D, under which the Plaintiff purchased KRW 769,000,000 from the purchase price for the purchase of the relevant three-story multi-family house (hereinafter “instant multi-family house”) with the Daejeon Seosung-gu Daejeon, Daejeon-gu, Daejeon-gu, and the third-story multi-family house owned by the Defendant B (hereinafter “instant multi-family house”).
When entering into the instant sales contract with Defendant B, the Plaintiff agreed to pay the deposit worth KRW 234 million on the date of the contract to the Plaintiff’s succession, KRW 50 million on the date of the contract, the intermediate payment KRW 100 million on January 15, 2016, and KRW 385 million on February 29, 2016, and paid the full down payment on the date of the contract.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, and 6, the purport of the whole pleading
2. The parties' assertion and judgment
A. The instant building against Defendant B, unlike the entry in the building ledger, was unlawfully modified into the rooftop bank.
Defendant B is obligated to remove the above defects under the instant sales contract and deliver the instant building.
However, the removal of the above illegal remodeling part is practically impossible or refused by Defendant B, so the Plaintiff cancels the sales contract of this case against Defendant B due to its default.