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(영문) 서울중앙지방법원 2018.06.20 2017가합554503

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 13, 2017, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant (i) on May 13, 2017, the Plaintiff, Gangnam-gu Seoul and 1 parcel D apartment, 3, 906 (hereinafter “instant apartment”).

(2) The sales contract to purchase the purchase price of KRW 1.6 billion (hereinafter “instant sales contract”) is deemed to have been concluded.

In concluding a contract, the sales contract stating the following: (a) the payment of the down payment of KRW 160 million in the down payment; (b) the intermediate payment of KRW 280 million in the intermediate payment on June 12, 2017; and (c) the remainder of KRW 1160 million in July 14, 2017; and (c) the payment of KRW 60 million in the remainder of July 14, 2017; (d) “the ownership right of the site type, the right to the site, the right to the site ownership ratio; and (e) the ownership ratio of the registered matters”; and (e) “the entire certificate of the registered matters shall be a contract without any defect until the remainder

2) A licensed real estate agent E has arranged the conclusion of the instant sales contract, and the description of confirmation of the object of brokerage attached to the first sales contract was written as “62/2 of shares in the site,” and there was no particular explanation as to whether a site ownership is registered.

B. Confirmation of omission in the registration of site ownership of the apartment of this case and preparation of revised sales contract 1) The entire registration certificate of the apartment of this case shall be the "Indication of the land subject to site right" and the Gangnam-gu Seoul Metropolitan Government Category C is the "C site of this case" (hereinafter referred to as "C site of this case").

2) As to the instant land, F.M. 27541m28m2 (hereinafter “instant F site”), the instant land is combined with the instant land C, and “each of the instant sites”

(2) On June 2017, 2017, the real estate agent E confirmed that the registration of the instant apartment was omitted, and that it was known to the Plaintiff and the Defendant.

After that, on June 23, 2017, licensed real estate agents E are in company with the Plaintiff and the Defendant. Of the purchase price of the instant apartment, KRW 160 million, the down payment of KRW 160 million, the first intermediate payment of KRW 280 million on June 12, 2017, and the second intermediate payment on July 14, 2017.