(영문) 전주지방법원 2018.04.06 2017나8688 | 리걸엔진

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(영문) 전주지방법원 2018.04.06 2017나8688

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 31, 2015, the Plaintiff concluded a sales contract with Defendant C, the agent of Defendant D, for the purchase of KRW 125,000,000,000 in price, and KRW 10,000,00 in the down payment, to pay the remainder of KRW 115,000,000 on the date of the contract, and to pay the remainder of KRW 115,00,000 by March 31, 2016.

(hereinafter “instant sales contract”). B.

The Plaintiff paid the down payment of KRW 10,000,000 under the instant sales contract to Defendant C, a seller’s agent, on the day of the conclusion of the instant sales contract.

C. The special terms and conditions of the sales contract of this case stipulate "on-site answers, and acceptance in a present condition". At the time of the conclusion of the sales contract of this case, the confirmation and explanatory note of the object of brokerage prepared by Defendant B (hereinafter "the confirmation and explanatory note of the object of brokerage of this case") is indicated as "on-road (8m x m) contact with the road" in the column of relation with the item of the location. The plaintiff in the confirmation and explanatory note of the object of brokerage of this case, the plaintiff in the buyer column, the defendant C in the seller column, and the defendant B signed and sealed the real estate agent column.

However, the road adjacent to the instant land did not reach eight meters in width as indicated in the confirmation and explanatory note of the instant object, and on this ground, the Plaintiff demanded the Defendant B to reverse the instant sales contract and refund the down payment through the certification of the content as of February 21, 2016.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 10 evidence, Eul 3, 5, and 6 (including separate numbers), the purport of the whole pleadings

2. Defendant C asserts that the judgment on the main defense of Defendant C’s main defense is not a seller who is a party to a sales contract, but a seller’s agent.

However, in a lawsuit for performance, the person alleged as the performance obligor by the plaintiff has the standing to be the defendant.

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