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(영문) 의정부지방법원 2016.05.13 2015가단105131 (1)
계약금반환 등
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On October 8, 2014, the Plaintiffs, E, and F entered into a contract with E and F to purchase KRW 6,319.42 square meters (hereinafter “instant real estate”) of KRW 400 million (the contractual amount of KRW 50 million, the remainder of KRW 350 million, the remainder of KRW 350 million, and the remainder payment date of December 18, 2014) among forest land of KRW 6,650 square meters in Gangseo-gun, Gangwon-gu, Gangwon-do (hereinafter “instant sales contract”).

B. According to the instant sales contract, the Plaintiffs paid the down payment of KRW 50 million to E and F.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 3, Eul's 7, the purport of the whole pleadings and arguments

2. As to the claim for damages caused by the tort

A. The gist of the plaintiffs' assertion is that the defendants, while actively soliciting the plaintiffs to purchase the real estate of this case, can obtain a loan from the bank as collateral and appropriate up to 70% of the purchase price. However, the amount of actual loan is merely 50 million to 60 million won. The plaintiffs are based on mistake induced by the defendants, and they entered into the sales contract of this case. Since the plaintiffs suffered damages equivalent to the down payment, they shall jointly and severally pay 50 million won and delay damages to the plaintiffs.

B. According to the evidence No. 2 of the judgment of the court below, the plaintiffs notified the plaintiffs that they would return the down payment that they received after cancelling the sales contract of this case on or around January 12, 2015 on the ground that they falsely prepared the sales contract of this case to E and F. However, the above facts alone are insufficient to deem that the sales contract of this case was null and void, cancelled, or cancelled and lost its validity, and there is no other evidence to prove otherwise. Thus, the plaintiffs cannot be deemed to have suffered damages equivalent to the down payment due to the conclusion of the sales contract of this case.

Even if the sales contract of this case was cancelled or cancelled, it becomes effective.

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