logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.07.25 2018나303521
매매대금반환
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On June 30, 2017, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”) with a sales price of KRW 85,000,000,000, out of KRW 102,000,000, among multi-household housing on the three floors of reinforced concrete structure D and E-Ground D and E ground reinforced concrete structure (hereinafter “instant real estate”). The Defendant arranged the instant sales contract as a licensed real estate agent, with a real estate agent, for the remainder of KRW 77,00,000,000, which is paid for each payment on August 15, 2017.

B. A description of confirmation of the object of brokerage prepared by the Defendant at the time of the instant sales contract stating that “No water supply is damaged, water supply is damaged, water supply is normal, gas (using), fire fighting: fire hydrant-free, emergency bell-free, heating supply, and fuel supply: Individual supply method, type of urban gas, elevator:

C. In fact, the instant real estate does not work normally, and urban gas facilities, fire-fighting systems, and elevators are not installed.

The Plaintiff paid the down payment of KRW 8,00,000 to C at the time of a sales contract, and KRW 10,000,000 to the intermediate payment on October 11, 2017, and then the instant real estate is different.

On December 7, 2017, the Plaintiff came to know that there was a problem, such as Paragraph C, and the Plaintiff agreed to the instant sales contract on the condition that only KRW 14,000,000 out of the total sum of KRW 18,000,000,000, and the remainder of KRW 4,000,000 was renounced.

E. On September 6, 2017, the Defendant received the disposition of fine for negligence of KRW 5,00,000 on the ground that the said brokerage act did not faithfully and accurately explain the object of brokerage or present the materials supporting the explanation, and the disposition of suspension of business three months on the ground that the Defendant did not sign the explanatory note of the object of brokerage.

[Ground of recognition] A.1, 3, 4, 5 evidence, B.2, 3, 5, 7 evidence (including each number), without dispute.

arrow