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(영문) 울산지방법원 2015.07.23 2014가합16858
손해배상(기)
Text

1. The defendant C on July 3, 2013, regarding the real estate stated in the separate sheet from the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are married couple 1) The Plaintiffs. (2) Defendant C was the owner of the land at issue, which completed the registration of ownership transfer on March 12, 1990, as to the F-river 717 square meters (hereinafter “instant land”).

3) Defendant D is a real estate broker, and Defendant E is a real estate broker, and Defendant E is a person who actually arranged a land sales contract between the Plaintiffs and Defendant C. (B) The Plaintiffs purchased the instant land from Defendant C on June 5, 2013, as the introduction of G and Defendant E, at KRW 135 million.

(2) The Plaintiffs paid to Defendant C the down payment of KRW 30 million on the day of the instant sales contract, and the remainder of KRW 15 million on July 3, 2013, and completed the registration of ownership transfer each of 1/2 shares as of July 3, 2013 as of the said land, No. 34662, respectively. (C) After the conclusion of the instant sales contract, the Plaintiffs became aware of the fact that, after the conclusion of the instant sales contract, the Plaintiff was conducted a land boundary survey of the instant land, approximately KRW 201.3 square meters ( approximately 61 square meters) and was incorporated into a river site, and the actual area was only approximately KRW 515 square meters.

2) On January 8, 2014, the Plaintiffs notified Defendant C of the purport that the instant sales contract will be rescinded on the grounds that the said Defendant concealed the fact that part of the instant land was lost and sold the instant land to the Plaintiffs. [Grounds for recognition] In the absence of dispute, the Plaintiffs written evidence Nos. 1, 4, and 7 (including the attachment of a serial number), and the purport of the entire pleadings.

2. Determination

A. The Plaintiffs’ claim 1) The registered area of the instant land is 717 square meters in the public record of the Plaintiffs’ claim against Defendant C. However, there was a fact that a considerable part of the said land belongs to a river and its actual area is 515 square meters in size.

The Plaintiffs made an error in the important part of the contract without knowing the above fact at the time of concluding the instant sales contract.

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