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(영문) 광주지방법원 2018.12.14 2017가단533742
원상회복청구 등
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who was to purchase the Seo-gu, Seo-gu, Gwangju, and one parcel E Apartment Lake (hereinafter “instant real estate”) from Defendant B, and Defendant B is the owner of the instant real estate, and Defendant C is a licensed real estate agent who arranged the instant real estate sales contract.

B. On November 22, 2017, the Plaintiff’s spouse G visited the instant real estate by the introduction of Defendant C on the 25th of the same month, and inspected its land condition. The Plaintiff’s spouse G deposited KRW 3,000,000 on a provisional contract basis after hearing the horses that the instant real estate did not have any leakage or special matters.

C. On November 24, 2017, the Plaintiff: (a) intended to directly see the instant real estate; (b) concluded a contract to first prepare a contract with Defendant C’s solicitation; and (c) concluded a contract to purchase the instant real estate from Defendant B in KRW 465,00,000 (hereinafter “instant contract”); and (d) paid KRW 46,50,000 to Defendant B the down payment.

The terms and conditions of the instant sales contract include the following: “The seller’s liability for the total sum of payments is within 30 days (30 days) from the date of occupancy.”

After paying the down payment, the Plaintiff left the instant real estate with Defendant B, and heard the words that the Defendant B would not use the inner consensus.

The plaintiff found his horses on the wall of a part of the inner wall, the wall of the room, and the wall of the wall of the gung gung gung gym on the wall of the wall, and the defendant B said that he would immediately cut in consultation with the residents of the upper floor.

E. However, although the Plaintiff found the upper floor occupant, the upper floor occupant was dissatisfying, and the upper floor occupant was dissatisfying, and the management office also concluded that the upper floor cannot repair it due to the satisfy expansion of the real estate of this case, and that there was a fact that the management office had told that the upper floor cannot repair it.

F. The plaintiff resisted against the defendants, and the defendant B himself repairs.

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