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(영문) 창원지방법원진주지원 2015.09.16 2013가합2583
매매대금반환
Text

1. Defendant B’s KRW 12,125,291 as well as 5% per annum from December 6, 2013 to June 17, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On April 4, 2013, the Plaintiff visited the instant apartment with Defendant C, a licensed real estate agent who was entrusted with brokerage of real estate listed in the separate sheet (hereinafter “instant apartment”) from Defendant B, and examined the instant apartment on April 10, 2013. After re-examination of the instant apartment on April 10, 2013, the Plaintiff concluded a sales contract with Defendant C, which stipulates that the sales price for the instant apartment shall be KRW 25,000,000 as to the instant apartment between Defendant B and Defendant B through the brokerage of Defendant C, and the down payment shall be KRW 20,000,000,000 for the remainder on the contract date, and the remaining payment shall be made on June 10, 2013, and the obligation to deliver the instant apartment and the obligation to transfer ownership shall be deemed to have a concurrent performance relationship with the Plaintiff’s obligation to pay the remainder (hereinafter “instant sales contract”).

B. Upon entering into the instant sales contract, the Plaintiff and the Defendants prepared a confirmation and explanatory note of the object of brokerage (hereinafter “instant confirmation and explanatory note”). The “matters requiring data on the state of the object” of the instant confirmation and explanatory note is indicated as follows: “The Plaintiff and the Defendants’ request for data on the state of the object is based on the Plaintiff and the on-site visit and the Defendant B’s explanation; and “nick” as “no matter”.

C. The Plaintiff visited the instant apartment prior to the payment of the remainder under the instant sales contract. The Plaintiff found a common figure of water leakage that was not discovered at the time of the instant sales contract in the living room of the instant apartment, and requested the Defendants to resolve the problem of water leakage, the remaining payment date under the instant sales contract arrived, and Defendant B paid all the remainder under the instant sales contract to Defendant B, and completed the registration of ownership transfer on the instant apartment.

Meanwhile, prior to the conclusion of the instant sales contract, Defendant B is entitled to the management office of the instant apartment in the living room of the instant apartment.

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