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(영문) 수원지방법원안양지원 2016.10.20 2015가단107425
용역비
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

The principal lawsuit and counterclaim of this case shall be deemed to be filed together.

1. Facts of recognition;

A. On December 30, 2014, the Defendant and C concluded a sales contract with D, as the broker of the Plaintiff, a licensed real estate agent, for the purchase price of KRW 1.12 million for the housing of KRW 450 million on the date of the contract, the intermediate payment of KRW 450 million on the date of the contract, the remainder payment of KRW 50 million on February 10, 2015, the remainder payment of KRW 570 million on the ground, and KRW 570 million on the ground, and the second floor on the ground (hereinafter collectively referred to as the “instant housing”), and concluded a sales contract with D on February 27, 2015.

B. At the time of mediating the sales contract of this case, the Plaintiff prepared a explanatory note for confirmation of the object of brokerage, and (1) in fact, the 1st underground floor of this case is, notwithstanding the structure of cement brick, ground 1, and 2nd floor of this case, as “refinite concrete” on the structural part of the building, notwithstanding the fact that the lessee resides in the 1st underground floor of this case, the lessee of this case omitted the indication of the right of lease in the relation of rights other than ownership in the relation of rights, and (3) indicated the “definite” on the items of the guard among the matters concerning management in spite of the existence of the guard room in the housing of this case. (4) Despite the absence of the fire hydrant and emergency bell on the housing of this case, the Plaintiff stated the actual situation different from the actual condition

C. After the conclusion of the first sale contract of this case, the Defendant confirmed that some of the entries in the contract and the current status of the instant house are different from those in the contract after the conclusion of the first sale contract of this case, and conducted renegotiation as to the terms and conditions of the sale contract with D, the Defendant alone purchased the said house, reduced the purchase price by KRW 110 million to KRW 110 million, and paid the down payment to KRW 100 million to the previous one, in lieu of the intermediate payment to pay the down payment to KRW 100 million to the previous one on January 29, 2015, and the agreement to pay the remainder of KRW 910 million to the respective payment on February 6, 2015.

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