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(영문) 대전지방법원서산지원 2020.02.06 2019가합50443
손해배상(기)
Text

1. Defendant B’s KRW 183,00,000 and the Plaintiff’s annual amount of KRW 5% from May 29, 2019 to February 6, 2020, respectively.

Reasons

1. Basic facts

A. On July 2016, the Plaintiff sought to purchase commercial buildings in the Seosan area to Defendant C, a licensed real estate agent, and requested brokerage.

B. Defendant B, as the owner of the first floor E (hereinafter “instant shopping mall”) of the building No. 1 in Seosan-si, Seosan-si (hereinafter “instant shopping mall”), was allowing to lease and use the said shopping mall to Nonparty F.

The above F is operating a restaurant in the name of “H restaurant” by combining the same building G, which is the next gate of the instant commercial building and the said commercial building.

C. Around September 2015, Defendant B requested that the instant commercial building be sold to the brokerage office operated by Nonparty I, a licensed real estate agent.

Defendant C confirmed the fact that the instant commercial building was located in the water, and delivered information on the instant commercial building to the Plaintiff.

On July 15, 2016, the Plaintiff decided to purchase the commercial building of this case with Defendant C, set up the commercial building of this case with Defendant C, and concluded a sales contract with Defendant B as the sales price of KRW 203,00,000 for the commercial building of this case, the down payment of KRW 19,000 for the commercial building of this case, and the balance of KRW 164,000 for the commercial building of this case, and KRW 164,000 for the remainder (the payment date is the payment date on August 1, 2016, and the lessee’s deposit of KRW 20,000,000 for the lessee’s succession) and paid the down payment on the day of the contract.

E. After that, the Plaintiff paid all balance on August 1, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1-1 to 1-2, witness I's testimony, the purport of the whole pleadings

2. Determination as to the assertion of mistake as to Defendant B

A. According to the statement in Gap evidence Nos. 1 through 3 as to whether the plaintiff caused a mistake in entering into the instant sales contract, and according to the witness I's testimony, the instant commercial building is operated as a restaurant called "H restaurant" by combining it with the same building G as the next room. Of being requested for sale by the defendant Eul, the non-party I and the defendant C among the individuals who were requested to purchase from the plaintiff among the individuals, did not confirm the building status.

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