logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.10.23 2014나45685
손해배상(기) 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Under the underlying facts, the facts are either not disputed between the parties, or acknowledged by the following reasons: Gap evidence 1, 2, Gap evidence 3-1, 2-2; Eul evidence of the first instance trial witness D (Defendant B and C); the result of the appraiser I’s survey and appraisal by the appraiser I; and the result of the first instance trial's examination by the plaintiff D himself (defendant D); the result of the plaintiff's examination by the court of first instance and the defendant B; and the purport of the whole arguments.

(1) On April 11, 2012, the Plaintiff entered into a contract with Defendant C and D, a broker, to purchase at KRW 750,000,00 for the purchase price of Defendant B and Guro-gu Seoul E-gu, and its ground buildings (hereinafter referred to as “instant real estate” by combining the site and buildings, and if only the site is specified and indicated, the “instant land”; and the above ground buildings are referred to as “instant building”).

(2) On June 29, 2012, the Plaintiff paid to Defendant B the remainder of the purchase price with the exception of deposit and loan that the Plaintiff succeeded from the above purchase price, and completed the registration of transfer of ownership in the name of the Plaintiff on the instant real estate.

(2) In addition, the sales contract of this case states that the land of this case is 281 square meters, the building of this case is 302.61 square meters, and the special terms and conditions are “a sales contract in the present facilities” as the indication of real estate subject to sale.

On the other hand, the phrase “the actual use state” of the description of land was indicated as “the actual use state,” among the description “the description of the object” attached to the instant sales contract (hereinafter “the instant confirmation description”).

(3) On the register and land cadastre of the real estate concerning the instant land, the land category and area are registered as “large 281 square meters,” and the instant land is adjacent to the Guro-gu Seoul Metropolitan Government FF Road, G road, and H site.

In fact, among the land in this case, "not more than 42m2 is not more than 42m2 in the ship which connects each point of the attached table Nos. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 4.

arrow