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(영문) 서울서부지방법원 2015.12.10 2015나33988
계약금반환등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts do not conflict between the parties, or may be found in full view of the statements and images of Gap evidence Nos. 1 to 6, Eul evidence Nos. 1, 3, 5, 6, 9, 10 (including paper numbers), and all the arguments.

On September 23, 2014, the Plaintiff entered into a sales contract with the Defendant for KRW 195 million (the contract amounting to KRW 20 million on the date of the contract, the intermediate payment of KRW 10 million on October 7, 2014, and the remainder of KRW 165 million on November 13, 2014) (hereinafter referred to as “instant sales contract”) with respect to KRW 401 (hereinafter referred to as “instant building”), which is owned by the Defendant, and paid KRW 20 million to the Defendant the down payment of KRW 20 million on the same day.

B. The Plaintiff, at the time of the instant sales contract, visited the instant building to the broker D and confirmed that some parts of the instant building were available from the wall of the said building. The Plaintiff entered into a contract with the Defendant at the time of the instant sales contract, and (1) the said sales contract was concluded in the current state of the building after checking the public records, such as the field return and the certified copy of the register. ② By the time of the intermediate payment, the buyer gives up the down payment, the seller gives up the down payment, the seller may reimburse the amount of the down payment, and cancel the said sales contract. ③ In the event of the seller’s or the buyer’s default, the other party may demand the performance of the obligation in writing

C. On September 24, 2014, the day following the date of the conclusion of the instant sales contract, the Plaintiff, by content-certified mail, arrested the Plaintiff by failing to notify the Defendant of the instant parking lot of the instant building and the part of the stairs of the first and second floors, and thereby deceiving the Plaintiff. Therefore, the Plaintiff notified the Defendant that the said sales contract would be revoked, and that it would recover the down payment already paid, and that the intermediate payment would not be paid even after the lapse of October 7, 2014, which was the date of payment

For this reason,

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