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(영문) 서울중앙지방법원 2015.11.11 2015가단139880

공제금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (1) B jointly owned by itself and C, requested E, a licensed real estate agent, to sell the instant land site and the eight-story building on its ground (hereinafter “instant land”).

(2) The Plaintiff requested F, a licensed real estate agent, to purchase the publicly notified source building, and E introduced the instant building to F around April 201.

(3) On May 8, 2011, B and C concluded a contract to sell the instant land and buildings to the Plaintiff at KRW 4.225 billion (hereinafter “instant sales contract”) with E and F’s brokerage.

(4) At the same time as the instant sales contract was concluded, B and C entered into a comprehensive transfer contract for business transfer to the Plaintiff, comprehensively transferring the business rental business for the instant building to the Plaintiff.

(5) On June 10, 201, the Plaintiff paid the sales price under the instant sales contract, and completed the registration of ownership transfer in the name of the Plaintiff on the same day.

(6) The instant building was built of toilets and kitchenss in each of the second and eighth floors, with washing machines, cooling machines, clothes, etc., and had the announcement form. The lessee was leased as a announcement source and resided therein.

(7) However, the instant building was a building permit and approval for use of the second and third floors for the purpose of office. The instant building was a building permit and approval for use for the purpose of the Gosiwon.

(8) On June 20, 201, after the conclusion of the instant sales contract, the Plaintiff heard from other licensed real estate agents that the second and third floors of the instant building were permitted to be the office, and came to know that the use of the second and third floors of the instant building was the office after verifying the building ledger on May 5, 201.

(9) On July 14, 201, after the conclusion of the instant sales contract, the Plaintiff offered to B, E, and F the use of the second and third floors in the building ledger of the instant building.