logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.11.26 2015가단106093
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The Plaintiffs and E, on November 11, 2014, concluded a sales contract with regard to the purchase price for the Aircraft Nos. 1602 of the 31,00,000 won, down payment of 18,000,000 won, on the date of the contract, and the remainder of 293,000,000 won shall be paid on the date of the contract, and the remainder of 293,00,000 won shall be paid on March 5, 2015 (hereinafter “instant sales”).

Defendant C and D mediated this case as a licensed real estate agent.

The Defendant Korea Licensed Real Estate Agent Association concluded a mutual aid agreement between Defendant C and the Korea Licensed Real Estate Agent Association in terms of KRW 100,000,000, and the period of mutual aid between November 22, 2013 and November 21, 2014.

However, the sale of this case is null and void because it is considerably difficult to register the site ownership registration of the apartment at the time of the sale of this case, and the registration is not made due to the failure to exercise the city.

In addition, it was not possible to lend bank interest loans due to the above circumstances. Since the plaintiffs intended to obtain a loan as security and pay the purchase price, the important part of the sales contract, or the plaintiffs were not aware of it.

Defendant C and D explained the particulars on the register of ownership of the site at the time of the instant sales contract, and explained them to the Plaintiffs as such.

The Plaintiffs, due to the foregoing circumstances, have renounced the down payment paid to E and incurred considerable damages for the down payment by rescinding the instant sales contract.

This is caused by the violation of the obligation of Defendant C and D to investigate, confirm and explain the management relationship of the object of brokerage.

Therefore, the defendants are liable to compensate the plaintiffs for the above damages.

2. First of all, we examine whether the registration of site ownership of the apartment of this case is impossible or considerably difficult, and examine the health room, Eul 3 and 4, and the seller E, a seller, a new side business, a new side business.

arrow