(영문) 서울서부지방법원 2015.06.11 2014가합3412

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(영문) 서울서부지방법원 2015.06.11 2014가합3412

매매대금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 13, 2011, the Plaintiff entered into a sales contract to purchase the instant building in KRW 160 million (hereinafter “instant contract”) with the Defendants, and completed the registration of ownership transfer on February 28, 201 by paying the said sales price to the Defendants.

B. From April 16, 2012, the Plaintiff received corrective instructions from the head of Eunpyeong-gu Seoul Metropolitan Government on the ground that the instant building was changed to a residential purpose without permission, even though it was a neighborhood living facility registered in the public register.

C. 1) At the time of entering into the instant contract, the Plaintiff filed a lawsuit against the Defendants on November 23, 2012, asserting that the instant contract was revoked because the Defendants did not explain the fact that the instant building was a neighborhood living facility registered in the public register, and that there was no problem in using the instant building for residential purposes. As such, the Plaintiff filed a lawsuit seeking the return of the purchase price with Seoul Western District Court 2012Gahap13026. (2) On April 25, 2013, the Plaintiff, including the instant building, to which the Defendants had engaged in the sales agency business for the newly constructed buildings, and submitted the written withdrawal of the lawsuit to the said court on April 29, 2013.

1. F is responsible for the sale of the instant building by November 30, 2013, and the sale amount shall be at least 150,000,000 won.

2. If no sale has been made during this period, F must take over the instant building and pay 150,000,000 won on the day of December 1, 2013.

3. In the case of Seoul Western District Court 2012Kahap13026, the case shall be immediately withdrawn in accordance with the instant agreement.

[Ground] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion F is delegated by the Defendants with the authority to prepare the instant agreement.

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