logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.05.29 2019나43728
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On October 6, 2018, the Plaintiff entered into a real estate purchase contract with a licensed real estate agent operated by Defendant B, entering into a contract to purchase the Category D ground buildings E (hereinafter “instant building”) in Yongsan-gu Seoul Metropolitan Government as a broker by Defendant B (hereinafter “instant sales contract”) and paid a down payment of KRW 30 million to the seller.

(2) On October 5, 2018, KRW 10 million for provisional contract and KRW 20 million for the remainder of down payment on October 6, 2018.

The present condition of the building of this case is indicated as the “office” in the building registry, and the use of the building of this case is indicated as the “office” in the sales contract of this case.

However, actual use is used for residential purposes.

C. The description of confirmation and explanatory note of the object of brokerage, and the description of confirmation of object of brokerage delivered by Defendant B to the Plaintiff, while mediating the sales contract in this case, was prepared by using the form of “residential building”, and the description is indicated in the column of use as “building ledger: Office: Office: Office,” “office: Office,” and “type 1 exclusive residential area.”

Around November 6, 2018, the seller notified the Plaintiff that the sales contract of this case was cancelled and the said down payment was confiscated at the same time as the Plaintiff did not pay the intermediate payment.

【Legal basis for recognition】 Evidence Nos. 1 through 4, Evidence Nos. 11, and the purport of this Court’s witness F testimony (except for the parts not trusted in the front) and the whole pleadings

2. In mediating the sales contract of this case by the Plaintiff, Defendant B expressed that the Plaintiff can be entitled to move in if reconstruction was conducted by explaining the purpose of use of the building of this case as “residential building.”

The plaintiff believed the above explanation of the defendant B as it is and entered into a contract to purchase the building of this case.

arrow