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1. Defendant C’s KRW 12,658,616 as well as 5% per annum from December 21, 2015 to July 13, 2017.
Reasons
1. Facts of recognition;
A. On May 1, 2015, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”) with Defendant B on the purchase price of KRW 370,000,000 for the purchase price of KRW 370,000,000 for the land and the building on land (hereinafter “instant real estate”). The Defendant C, as a real estate broker, arranged the instant sales contract as a real estate broker, for the purchase price of KRW 330,000 for the remainder payment of KRW 330,000 for the purchase price on May 11, 2015.
B. The sales contract prepared at the time of the instant sales contract was stipulated as special terms and conditions, “1. The sales contract was in the present condition of facilities, and the certificate of registration is confirmed, and the contract is concluded.” The attached specifications of confirmation of the object of brokerage include “water: no damage: volume: volume of water, gas (using for intake), - urban gas, heating and fuel supply - individual supply method - type of urban gas supply.
C. In fact, no waterworks and gas facilities were installed in the instant real estate. The Plaintiff spent KRW 9,726,00 as costs for installing water supply facilities, and KRW 21,920,540 as costs for installing urban gas (including value-added tax).
On July 9, 2015, with Defendant B’s consent, the Plaintiff changed the second floor of the instant building into a detached house from a neighborhood living facility to a detached house. On July 26, 2015, the Plaintiff paid the remainder of the purchase price and completed the registration of ownership transfer on the instant real estate on July 27, 2015.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1 to 5, Eul's testimony, the whole purport of pleading
2. Determination
A. The Plaintiff’s assertion: (a) Defendant B entered into a contract on the premise that the instant real estate is equipped with water supply facilities and urban gas facilities; and thus, there is no water supply facilities and urban gas facilities installed on the instant real estate.