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(영문) 부산지방법원 2019.06.13 2018가합48645
매매대금반환 등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Defendant C is a licensed real estate agent who runs real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office”.

B. On January 31, 2017, Defendant C entered into a mutual aid agreement with Defendant D Association (hereinafter “Defendant Association”) with the content that compensates the client’s damages incurred by the brokerage accident from February 4, 2017 to February 3, 2018, within the scope of KRW 100,000,000.

C. On July 4, 2017, the Plaintiff entered into a sales contract with Defendant C to pay each of the remaining 305,000,000 won for each real estate listed in the separate sheet owned by the said Defendant (hereinafter “each of the instant real estate”), as KRW 335,00,000, and KRW 300,000 for the down payment at the time of the contract (hereinafter “the instant sales contract”).

The Plaintiff paid Defendant B the down payment of KRW 30,00,000 on July 4, 2017, which was the date of concluding the instant contract, and KRW 305,00,000 on August 2, 2017, respectively. around August 2, 2017, the Plaintiff received each of the instant real estate from Defendant B, and completed the registration of ownership transfer on August 3, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 9 (including a provisional number; hereinafter the same shall apply), witness F's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Of Defendant B, the seller of the instant sales contract, Defendant C, a private individual, was obligated to notify the Plaintiff of the defect in the subject matter of the instant sales contract, but, in other words, it was used for the original studio by illegally expanding the total area of 60.76 square meters (36% of the total area of 4th and 36%) of the total area of the underground stairs room, the 1st floor, the 1st floor, the 1st floor G, the 3rd floor, the 4th floor, and the 1st floor, except the underground room.

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