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(영문) 광주지방법원 2020.05.27 2019나3574
계약금반환
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 18, 2018, the Plaintiff and Defendant B, as a broker of Defendant C, concluded a sales contract for the instant real estate “instant real estate” (hereinafter “instant housing”) and the instant sales contract with the following main contents as the combination of land and housing (hereinafter “instant real estate”).

On February 20, 2018, the parties to a special agreement confirm the sale and purchase goods and enter into a sales contract at the present facility upon mutual agreement on February 20, 2018, on the outstanding payment date of KRW 103,000,000 for the down payment and the delivery date of real estate.

Pursuant to the seller's warranty liability, the seller may exercise his/her right, such as compensation for damages, within three months from the date of the contract.

A minor defect shall be excluded.

The extension of the external drainage pipes and two ventilation pipes confirmed at the time of the contract shall be accepted before the balance is paid.

B. On January 18, 2018, the Plaintiff paid KRW 3,000,000 as down payment to Defendant B, and KRW 800,000 as real estate brokerage commission, respectively.

C. The same year as the lapse of February 20, 2018 by the Plaintiff

3. Around 13. Around 19.1, Defendant B notified Defendant B of the cancellation of the instant sales contract on the grounds of serious defects, such as drainage problems, etc.

On May 17, 2018, the instant real estate was sold to a third party.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 and 4 (including branch numbers for those with a satisfy number), the purport of whole pleadings

2. Determination as to the claim against the defendant B

A. After the Plaintiff’s assertion was entered into the instant sales contract, the Plaintiff visited the instant house, and requested the seller to recover the defects of sewage and garbage, etc. from the seller due to the defects arising from the discharge of sewage and garbage, etc. through the toilets changeer and sewage pipe pipe, but only the seller is negligent in recovering the defects. As such, the Plaintiff is on the ground of serious defects in the instant house.

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