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(영문) 서울중앙지방법원 2017.09.27 2017가합517702
분양대금반환청구 등
Text

1. The Defendant’s KRW 124,381,300 as well as 5% per annum from March 15, 2017 to September 27, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 11, 2015, the Plaintiff entered into a sales contract with the Defendant, the seller of “D” commercial buildings located in Songpa-gu Seoul Metropolitan Government, with the content that the sales price of KRW 1,243,813,00 for the first floor among D’s commercial buildings (hereinafter “D”) shall be KRW 248,762,60 on the date of the contract, and the sum of the down payment and the first intermediate payment shall be KRW 248,762,60 on the date of the contract, and the second, third, and fourth intermediate payments shall be financed by the Defendant through a bank loan. The Plaintiff entered into a sales contract with the content that the Plaintiff shall pay KRW 124,381,30 on March 31, 2016, the remainder of KRW 497,525,200 on the date of occupancy designation.

(hereinafter “instant sales contract”). B.

According to the sales contract of this case, the Plaintiff is able to operate the commercial building of this case only for the purpose of beer stores or ice ice dyke stores, etc.

C. According to the instant sales contract, the Plaintiff paid KRW 248,762,60 in total to the Defendant on the day of the contract, as the down payment and the first intermediate payment, and paid KRW 124,381,300 in the name of the intermediate payment on March 31, 2016.

In addition, there are columns protruding the inner wall of the commercial building, and there are columns protruding the inner wall of the commercial building.

(hereinafter referred to as “instant columns”). E.

At the time of the conclusion of the instant sales contract, B kept a Kabrog on the instant commercial building that was received from the Defendant’s employees of the sales agency (hereinafter “the instant Kabrog”). At the time, the Defendant’s employees requested that the instant Kabrog proceed with the sales agency of the instant commercial building using the Kabrog.

Therefore, B displayed the Plaintiff the instant sloping, and explained the instant commercial building, which is an object of brokerage, to the Plaintiff. The instant sloping was not indicated in the instant sloping, and the Plaintiff separately from the Defendant, the existence, location, and columns of the instant sloping.

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