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(영문) 대전지방법원 2016.06.08 2015가단16443
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. (1) On February 7, 2015, the Plaintiff entered into a sales contract with Defendant B with the following terms (hereinafter “instant sales contract”) with respect to D240.6 square meters in Seo-gu Daejeon (hereinafter “instant land”) and cement brick, brick, cement brick, and 90.84 square meters in a single-story house (hereinafter “instant building”); including the instant land, and hereinafter “instant real estate”).

- Sales amount of KRW 390 million - down payment of KRW 40 million - down payment of KRW 50 million shall be paid on the contractual date, the intermediate payment of KRW 50 million on March 16, 2015, and the remainder of KRW 300 million on April 30, 2015.

-The size and boundaries shall be on public account books.

A description of confirmation of the object of brokerage attached to a sales contract includes a description that constitutes “self-house” for the purpose of use of the instant building, “Seinam (Standard: front road)”, “finite method”, “finite road access”, “finite road access”, “finite road access”, and “non-parking lot”.

(2) Defendant C is a real estate licensed real estate agent operating the “E Licensed Real Estate Agent Office” and mediated the instant transaction.

(3) On the day of the instant sales contract, the Plaintiff paid the down payment of KRW 40 million to Defendant B, and KRW 50 million to the intermediate payment on March 16, 2015.

C. (1) On May 4, 2015, Defendant B served a content-certified mail to the effect that “if the remainder is not paid by May 13, 2015, the Plaintiff will cancel the instant sales contract” on the part of the Plaintiff, who did not pay the remainder by April 30, 2015, which is the remaining payment date of the payment of the balance, the Defendant B reached the Plaintiff on May 18, 201.”

(2) On May 13, 2015, the Plaintiff filed the instant lawsuit on May 13, 2015 immediately after receiving the said content-certified mail from Defendant B.

On June 4, 2015, Defendant B deposited an amount calculated by adding 5% interest of 547,945 won per annum under the Civil Code to the intermediate payment of KRW 50,000,000.

E. The Defendant Association is the date of the instant trade contract.

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