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(영문) 대구지방법원 2018.08.16 2017나314357
기타(금전)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On November 26, 2016, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendants, through a licensed real estate agent D and E, under which the Defendants entered into a real estate sales contract with the term “sale price of KRW 78 million, down payment of KRW 700,000 (payment on a contract date), KRW 700,000,000 (payment on December 23, 2016),” with respect to the remaining amount of KRW 71 million (payment on a contract date), and the Plaintiff entered into a special agreement stating that “it is possible to construct on a road, and expenses, such as banking, measurement, etc., shall be borne by the purchaser at the time of the act.”

B. At the time of the conclusion of the instant sales contract, D and E issued to the Plaintiff a description verifying the subject matter of brokerage (Evidence A 2) regarding the instant land. Of the description verifying the subject matter of brokerage, “the relationship with the road” as “(m x 4m) contact with the road” in the item “1. The location of “the basic confirmation requirement” as “the location of the non-permanent agency” is indicated as “(m x 4m) contact with the road.” The “matters concerning the rights of the object that is not actually related to the relation of rights or that are not publicly announced” should be filled up at the time of the future construction.

The term "" is written as "."

C. The Plaintiff paid 7 million won down payment to the Defendants on the date of conclusion of the instant sales contract.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the assertion is to hear from the Defendants the horses that “a large truck is possible to fill up, as a road with a width of four meters wide on the instant land adjoins,” and concluded the instant sales contract for the purpose of stopping the entire housing on the instant land.

However, the road abutting on the land of this case is a farming road with a width of 2.5 meters, and its underground is a road where sewage pipes are buried, which can pass by only a car, other than a truck. Therefore, the motive indicated in accordance with Article 109(1) of the Civil Act is erroneous.

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