logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.12 2015가단5314204
계약금 등 반환청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant Spool Co., Ltd. (hereinafter “Defendant Ppool”), as the substantial subject of the construction and sale of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the B and 20 lots, entrusted the Defendant Korea Land Trust Co., Ltd. (hereinafter “Defendant Ppool”).

B. On April 9, 2015, the Plaintiff entered into a contract with the Defendant’s land trust to purchase B116 stores of the instant commercial building (hereinafter “instant store”) at the price of KRW 400,000,000 (excluding value-added tax) (hereinafter “instant sales contract”).

C. Within the instant store, the columns in a rectangular form (hereinafter “instant columns”) were installed.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1, 2, 6, 9, and 1, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The principal claim is a seller under the sales contract of this case, and the Defendant Mapo did not perform his duty to explain to the Plaintiff the existence of the instant columns within the instant store as the actual seller of the sales contract of this case. The Plaintiff cannot lease the instant store to a third party due to the existence of the instant columns, and even if leased, it could not obtain the first anticipated rental profit, and thus, the objective of the instant sales contract could not be achieved.

On August 12, 2015, the Plaintiff sent to the Defendants a notice of cancellation of the instant sales contract on the ground that the Defendants’ failure to perform their duty to explain could not achieve the purpose of the instant sales contract. The notice reached all the Defendants on August 17, 2015.

Therefore, the defendants jointly paid 120,000,000 won to the plaintiff = the down payment of 40,000,000 won paid to the plaintiff to the defendants, 40.

arrow