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(영문) 청주지방법원 2018.10.11 2018가단3564
계약금 등
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 September 30, 2017, the Plaintiff concluded a sales contract with the purchase price of KRW 642,580,00 (land cost 242,085,589, construction cost 364,085,828), which was purchased at KRW 106 [15.014 square meters in a building site, and 83.23 square meters in a building area (exclusive 44.47 square meters), hereinafter “instant real estate];

(hereinafter “instant sales contract”). B.

The registered matters of the instant real estate are 44.47 square meters on the entire registered matters of the building, and the site area was 9.8358 square meters on June 12, 2017, the preservation registration was completed on June 12, 2017. However, at the time of the conclusion of the instant sales contract, the registered matters were erroneously recorded as 15.014 square meters (the site area portion of 405 square meters in the same building), rather than 9.8358 square meters in the number of the employees in charge of the sales agency, who are in charge of the instant real estate.

C. From November 17, 2017 to December 27, 2017, the Plaintiff demanded the Defendant to reduce or compensate the down payment or the intermediate payment paid by the Plaintiff on the ground that there was a significant defect in the instant sales contract at least three occasions. In the event of refusal, the Plaintiff notified the Defendant of the cancellation of the contract on the ground of the defect in the contract, and demanded the Plaintiff to return all the down payment and the intermediate payment paid by the Plaintiff.

Accordingly, on December 7, 2017, the Defendant issued a notice to the Plaintiff on December 7, 2017 that the registration for approval for use and preservation was completed prior to the conclusion of the instant sales contract, and that “the subject matter of the instant sales contract has obtained approval for use and is in the present condition of delivery” among the special terms and conditions are written in writing. The Defendant notified the Plaintiff that the sales contract will be rescinded in the event of nonperformance, extended from November 30, 2017 to December 15, 2017 to December 30.

After that, as the plaintiff's remainder remains unpaid, the defendant notified the plaintiff on February 8, 2018 that the last payment date will be extended by February 14, 2018 and that the sales contract will be terminated in the event of the non-performance.

【Identification Evidence】 The fact that there has been no dispute, entry of Gap 1, 3 through 8, and the purport of the whole pleading

2. The Parties.

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