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(영문) 부산지방법원 2018.01.11 2016가단300212 (1)
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(1) The Defendants shared the instant building at the ratio of 1/2 shares, respectively. The instant building was owned by the Defendants on August 13, 1993, where the pertinent building was approved for use by the competent authorities on August 13, 1993.

B. On August 19, 2015, the Plaintiffs purchased the instant land and buildings from the Defendants in KRW 2.9 billion, and agreed to pay the down payment of KRW 200 million on the date of the contract, the intermediate payment of KRW 500 million on September 15, 2015, and the remainder of KRW 2.2 billion on September 30, 2015.

The Plaintiffs paid 200 million won the down payment to the Defendants on the day of the contract, and the written contract was stated as the special terms and conditions “the sales contract for the present facilities and the present real estate, and the contract box, such as the axis, after confirming the entire documents.”

Secondly, the Plaintiffs and the Defendants revised the sales contract on October 28, 2015, with the change of the intermediate payment and the payment date of the remainder of the above sales contract, and revised the sales contract to pay the remainder of KRW 2.7 billion (350 million of deposit for lease) on October 28, 2015 without the payment of intermediate payment, and the date of the conclusion of the sales contract was retroactively drafted on August 19, 2015, which was the date of the first contract.

(hereinafter “instant sales contract”). The Plaintiffs paid all remaining purchase and sale payments to the Defendants on October 28, 2015, and on the same day, each ownership transfer registration was completed in the name of the Plaintiff A, with the shares of 12/20 and the shares of 8/20 shares in the name of Plaintiff B with respect to the instant land and building.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 1-1, 2-2, Eul evidence 2-2, and the purport of the whole pleadings

2. Judgment on the grounds of the plaintiffs' claims

A. (1) At the time of concluding the instant sales contract, the Plaintiffs were believed to have no defects in the relevant facilities of the instant building and purchased the Plaintiffs.

① However, the instant building is a building.

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