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(영문) 청주지방법원 2017.05.31 2016나2155

계약금 반환

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: ① "Housing building" (hereinafter "real estate in this case") shall be added to "building No. 8 of the second instance judgment" (hereinafter "real estate in this case"), and "No. 5" shall be added to "the circumstances of No. 4 of the fourth instance judgment," and ② "the land in this case" of No. 2, No. 15, and No. 20 of the second instance judgment shall be "the real estate in this case," respectively, and "the contract in this case" of No. 3, No. 1, 2, and 3 shall be deemed as "the contract in this case," respectively, and "No. 6, and 7 of the first instance judgment No. 4, "No. 5 of the first instance judgment (the plaintiff submitted stenographic records after the closing of argument, but even considering its contents, it is insufficient to acknowledge the conditional conclusion of the contract in this case)," and "No. 4 and No. 5 of the second instance judgment shall be added to the agreement in this case.

2. Additional matters to be determined

A. While Defendant C and D, a licensed real estate agent of the Plaintiff’s assertion, concluded a conditional agreement between the Plaintiff, Defendant B and the Plaintiff that “the Plaintiff would obtain a loan of KRW 75 million as collateral,” prior to the formation of the instant contract, the Plaintiff omitted the entry of such conditional agreement in the process of preparing the instant contract. ② The instant real estate was prepared only in the name of Defendant B, despite the existence of two co-owners, and was delegated by other co-owners.