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(영문) 의정부지방법원 2019.05.30 2017나209922
손해배상(기)
Text

1. The plaintiff's appeal against the defendants and the claims against the defendants expanded by this court are all dismissed.

2...

Reasons

1. Facts of recognition;

A. On February 5, 2016, the Plaintiff entered into a sales contract with Defendant B by setting the sales price of KRW 345 million with respect to the land D, E, and housing on the high-sea, Yongsan-gu, Busan-gu, and the ground thereof (hereinafter “instant sales contract”).

B. Defendant C is a licensed real estate agent who arranged the instant sales contract.

C. The sales contract of this case and the description confirming the object of brokerage are the structure of the said house as “refinite concrete”.

On January 17, 2014, the main structure of the above house was a reinforced concrete structure.

E. On March 31, 2016, the above house was indicated as a reinforced concrete building, and its structure was changed into a general steel structure.

F. The sales contract of this case is stipulated as the sale and purchase of a house in the current state of the facility as a special agreement.

G. Defendant C explained the structure of the said house to the Plaintiff as reinforced concrete according to the written description in the register of the real estate register.

H. Defendant C received KRW 1.2 million from the Plaintiff as intermediary fees for the instant sales contract brokerage, and returned from the Plaintiff and his family members the amount of KRW 600,000,000, which is half of them, to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 6 evidence, Eul 1 and 2 evidence (if any, including a serial number), the purport of the whole pleadings

2. The plaintiff's assertion

A. Expenses incurred in the prevention of the foregoing housing paid-in and paid-in KRW 15,720,666, and the defect in the destruction of a house is KRW 4,989,635, as follows, the Plaintiff suffered total damages equivalent to KRW 20,710,301.

product defect repair costs, 200,758 200,758 200, 696,017, 107,449, 107, 107,449, and fung 2,947,288, 565,768, 238.

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