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(영문) 울산지방법원 2015.01.23 2014가단11528
계약금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 2014, the Plaintiff visited the office of licensed real estate agents operated by Defendant D, and asked Defendant D to mediate the purchase of the building. Defendant D introduced, to the Plaintiff, the five-story building on the land of Ulsan-gu, Ulsan-gu, the ownership of each of the shares of Defendant B and C (hereinafter “instant building”).

B. The Plaintiff visited the instant building with Defendant D and confirmed its current status and structure. On the side of the first floor of the instant building, there was a building with the board structure. However, the Plaintiff asked Defendant D about the current status of the said building, and Defendant D responded that the first floor tenant was using it for the warehouse.

C. After visiting the building of this case, the Plaintiff entered into a contract with Defendant B and C to purchase the building of this case at KRW 577,000,000 (hereinafter “instant sales contract”) according to the brokerage of Defendant D on March 10, 2014, the Plaintiff agreed to pay KRW 50,000 for the intermediate payment of KRW 1,00,000 on the date of the contract, and the intermediate payment of KRW 427,00,000 on May 1, 2014. On the same day, the Plaintiff paid KRW 50,000 for the down payment to Defendant B and C on July 1, 2014.

On April 2014, the Plaintiff sent content-certified mail to the Defendants, and caused defects, such as leakage in the instant building. The Defendants asserted that the Defendants did not notify the Plaintiff thereof, and Defendant B and C demanded that the Plaintiff return the down payment KRW 50,000,000.

[Ground of recognition] Gap evidence Nos. 1 through 5 (including paper numbers), Eul evidence Nos. 3-1, 2, 3, Eul evidence Nos. 4 and 6, the result of the on-site inspection by this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. As to the Plaintiff’s assertion 1, Defendant B and C, the fourth and fifth floors of the instant building have occurred, and the household building next to the first floor of the instant building constitutes an illegal building without obtaining permission from the competent authority, Defendant B and C, the seller, even though they constitute an illegal building without obtaining permission from the competent authority.

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