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(영문) 대전지방법원천안지원 2017.04.13 2016가단12201
공제금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B is a broker who completed the registration of establishment of a broker office in the name of “D Licensed Real Estate Agent Office” in the Nam-gu, Dong-gu, Chungcheongnam-gu, Seoul Metropolitan City on September 23, 2009.

B. On January 2010, 2010, B purchased 30,738 square meters of F forest land in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu (E) from about 15 days to about 20 days, and obtained permission from 30,738 square meters, such as a golf driving range, a sports center, etc. The Plaintiff, the broker, at the D Licensed Real Estate Agent Office, as the broker (E). However, B said, the Plaintiff would be entitled to purchase the forest land in this case.

However, the forest of this case was a park site and a preserved green belt area, and thus, it was not possible to obtain permission such as a golf practice range within the above period.

C. On February 12, 2010, the Plaintiff entered into a contract with E to purchase the instant forest land at a total of KRW 80 million ( KRW 50 million, KRW 50 million, KRW 670 million, including the remainder of KRW 670 million, according to the aforementioned false speech and behavior, (hereinafter “instant contract”). D. The Plaintiff concluded a contract to purchase the instant forest land at KRW 80 million (hereinafter “instant contract”).

According to the instant sales contract, the Plaintiff paid to E, a seller, the sum totaling KRW 80 million on February 12, 2010, and KRW 50 million on March 31, 2010.

E. The Plaintiff, while not paying any balance under the instant sales contract to E, became aware of the fact that it was impossible to obtain permission, such as a golf practice range, in the instant forest, filed a complaint with the investigative agency on May 6, 2013, with the Plaintiff on the ground that “B and E conspired to commit a false speech and behavior, or by other means, knowing that the instant forest is impracticable to realize the business, such as a golf practice range, in the instant forest.”

On December 17, 2013, the Prosecutor makes an excessive decision on important matters related to permission, such as golf driving range, etc. of the instant forest land, which is the object of brokerage B by Daejeon District Court Decision 2013 High Court Decision 201Da9263, Dec. 17, 2013.

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