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(영문) 수원지방법원 2019.05.23 2018가단533276
계약금 등 반환
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) C, D, and E and the Defendant F.

Reasons

1. Basic facts

A. On June 21, 2018, the Plaintiff entered into a sales contract with Defendant F, a real estate broker, to pay the sales amount of KRW 270 million on the real estate listed in the attached sheet (hereinafter “instant real estate”). The contract deposit amount of KRW 30 million on the date of the contract, the intermediate payment of KRW 100 million on the 27th of the same month, and the remainder of KRW 140 million on July 12, 2018 (hereinafter “instant sales contract”).

B. According to the instant sales contract, the Plaintiff paid KRW 30 million to B as the down payment on June 21, 2018, and KRW 100 million as the intermediate payment on June 27, 2018.

C. On July 10, 2018, the Plaintiff sent to B a document containing the content that the instant sales contract executed by deception was revoked on the ground that the Plaintiff did not notify that the instant real estate was subject to the consent to use the land at the time of reconstruction in connection with the private road. Around that time, the document reached B.

B died on September 10, 2018, and accordingly, the instant real estate was inherited to Defendant C, who is the property heir in B, in proportion to 3/7 shares, 2/7 shares, and 2/7 shares, respectively.

[Grounds for recognition] Evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion is that the wall collection number of the instant building is high, the passage abutting on the instant real estate requires the road owner’s approval for land use when reconstructed into a private road; the restriction on real estate development is designated as a cultural heritage protection area or other area; and Defendant F entered into the instant sales contract with the Plaintiff without notifying this fact, even though Defendant F requested sale of KRW 3.5 million per square meter to the nearby real estate brokerage office, Defendant F, among B or B, without notifying this fact; and on the ground of the seller’s deception, the seller revoked his/her intent on the instant sales contract.

Accordingly, the defendant who is the heir B.

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