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(영문) 서울중앙지방법원 2019.09.19 2018가합519187
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 18, 2017, the Plaintiff entered into a sales contract with C and each real estate listed in the separate sheet (hereinafter “instant commercial building”) with respect to the purchase price of KRW 1.95 million (5 billion in contract amount, KRW 50 million in intermediate payment, KRW 300 million in intermediate payment) (hereinafter “instant contract”), and the Defendant is a corporation that arranged the conclusion of the instant contract.

B. At the time of entering into the instant contract, the Plaintiff and the Defendant failed to directly verify the lease agreement of the shop tenants of this case, and C prepared and confirmed a lease statement stating deposit and monthly rent for each floor, house, etc. of the instant commercial building (hereinafter “the lease statement of this case”), and attached to the instant contract.

C. The lease statement of this case is written on the first and second floors of the commercial building of this case (hereinafter “the instant singing room”) with the monthly rent of five million won.

The phrase “request for data on the status of a product subject to brokerage” in the “written description of the instant commercial building prepared and delivered by the Defendant to the Plaintiff at the time of entering into the instant contract refers to the following: “The current status of lease, architectural design drawings, and registration certificate, but the failure to comply with such request, and the condition of other buildings does not facilitate internal verification due to the relationship occupied by the lessee, and the seller’s oral explanation is not smooth.” The phrase “the matters concerning the right of a product subject to brokerage, which is not actually related to or publicly announced,” “the area of the building” refers to

b. The first floor guard building is written as it is not written in the building ledger, but does not contain any content on the lease relationship of the commercial building in this case.

E. The Plaintiff paid C a sum of KRW 5 million, including KRW 18 million on December 19, 2017, and KRW 3.2 million on December 21, 2017, as the down payment under the instant contract, and the intermediate payment is an intermediate payment.

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