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(영문) 서울중앙지방법원 2017.08.21 2016가단5255531
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 9, 2015, on behalf of the Plaintiff, Defendant C, a licensed real estate agent, concluded the following sales contract (hereinafter “instant contract”) with the content of purchasing the apartment complex located in the above apartment complex from Defendant B, Seocho-gu, Seoul, and the F apartment No. 113 Dong 1402 (hereinafter “instant apartment complex”).

Sales proceeds: Upon entering into a contract, KRW 1,310,00,000 for down payment of KRW 130,000 for down payment, KRW 500,000 for intermediate payment of KRW 500,000 for intermediate payment of KRW 680,000 for outstanding payment on October 26, 2015, and KRW 680,000 for outstanding payment of KRW 20,000 for each payment on November 23, 2015, it shall be paid after deducting KRW 200,000 for current tenant deposit, including lending facilities (the dwelling room, two rooms, the expansion, and the expansion of the area heating rooms) from the balance.

B. There are several apartment buildings in the instant apartment complex, and D was residing in the apartment complex with a structure different from that of the instant apartment complex.

Before entering into the instant contract, D and Defendant C had several apartment buildings of the same structure as the instant apartment, but did not enter into a sales contract due to their location and number of floors.

C. A lessee of the instant apartment did not have the opportunity to confirm the inside of the instant apartment before entering into the instant apartment contract due to the lack of Korea, but D entered into a contract with the location and number of floors of the said apartment.

On October 26, 2015, before the payment of intermediate payment, the Plaintiff, D, and C showed the inside of the instant apartment, and at the time, sought opinions from the lessee about the said apartment.

E. On November 23, 2015, the registration of ownership transfer in the name of the Plaintiff on the instant apartment was completed.

F. The apartment of this case connects air conditioners to the landfill-type air conditioner pipes installed from the time of construction (hereinafter “instant pipes”).

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