(영문) 서울서부지방법원 2014.08.28 2013가합32833

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(영문) 서울서부지방법원 2014.08.28 2013가합32833

매매대금반환

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On May 17, 2013, the Plaintiffs purchased each real estate listed in the separate sheet with the Defendant (hereinafter referred to as “instant building”) from the Defendant in KRW 650,000,000, and concluded a sales contract with the terms that the Plaintiffs pay for the purchase price (hereinafter referred to as “instant sales contract”) as follows.

Down payment of KRW 65,000; KRW 50,000 for intermediate payment of KRW 50,000 at the time of the contract; KRW 535,00,000 for the remainder payment of June 14, 2013; and KRW 180,000,000 for the remainder payment of KRW 535,00 for the real estate in this case, the Plaintiffs succeeded to a lease agreement entered into with respect to the real estate in this case, and paid on June 28, 2013 after deducting the lease deposit.

On May 17, 2013, the Plaintiffs paid KRW 145,000,000 to the Defendant, and paid KRW 64,000,000 in total, as part of the intermediate payment and the balance on May 21, 2013, and KRW 84,00,000,000.

[Ground for recognition] Unsatisfy, Gap evidence 1 to 4 (including each branch number, if any), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Since the sales contract of this case is revoked on the ground that there is a serious defect in the building of this case, which does not meet the stability to the extent that people can live, such as beer and a danger of collapse of stairs, etc., the plaintiffs are obligated to return the above sales price that the plaintiffs paid to the plaintiffs and pay 65,000,000 won for penalty under the sales contract of this case.

B. Since the building of the instant preliminary claim is of serious defect that does not satisfy the safety as above, the Plaintiffs, pursuant to Article 580(1) of the Civil Act, cancel the instant sales contract by asking the seller’s warranty liability, etc., and the Defendant is obligated to return the above purchase price paid by the Plaintiffs to the Plaintiffs and pay the penalty under the sales contract of the instant case.

C. The 2nd preliminary Plaintiffs secured the stability suitable for the instant building’s residence.

참조조문

-민법 제580조 제1항

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