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(영문) 대구지방법원 2015.11.13 2014가단53384
부동산매매계약무효확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is 132,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On November 17, 2014, the Plaintiff sold each real estate listed in the separate sheet to the Defendant as KRW 147,000,000 (payment of KRW 15,000,000 on the contract date, the intermediate payment of KRW 30,000,000 on December 17, 2014, and the remainder of KRW 102,000,000 on February 25, 2015). Upon receipt of the balance of the purchase price, the Plaintiff entered into a contract with the Defendant to deliver all documents necessary for the registration of transfer of ownership and to cooperate with the Defendant, and received KRW 15,00,000 on the day of the contract.

[Grounds for recognition] Gap evidence No. 2, the purport of the whole argument

2. Determination on the main claim

A. The plaintiff alleged that the plaintiff requested that the real estate price of KRW 250,000,000 as stated in the separate sheet in several neighboring licensed real estate agents' offices be sold at KRW 250,000,000. On November 17, 2014, the plaintiff received a proposal for sale at KRW 145,000 from the C Licensed Real Estate Agents' Office (D) and made a living with the plaintiff's age of 75,000,000, and it was understood that the plaintiff was a patient who lives with 75,000 beds while living in the military, and that the plaintiff was a patient who lives with the person who has rendered distinguished services to the State while living in the military. For a long time, he was receiving treatment at a hospital due to a defect, and that the contract for sale was concluded at KRW 247,000,000.

The plaintiff prepared a sales contract at the above office, and entered a house into a sales contract in detail, and found that the sales price was 147,00,000,000, and made phone calls to the defendant within 3 hours from the conclusion of the contract, but was not connected to the defendant within 3 hours from the contract, and that D and the defendant were erroneous after a few hours from the contract, but the defendant rejected it.

The Plaintiff entered into a sales contract with the Defendant by mistake, and immediately declared the intent to cancel the sales contract after the conclusion of the sales contract, but the Defendant refused to cancel or cancel the contract on November 19, 2014.

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