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(영문) 서울고등법원 2019.08.29 2018나2027445

계약금 반환 등 청구의 소

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The abbreviation of the basic facts is governed by the judgment of the court of first instance.

The reasons stated in this part are as follows, and this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main sentence of Article 420

The second half of the judgment of the court of first instance shall be used "," "(Article 1)", and the following shall be added:

“The manufacture of the instant sales contract” shall be construed as “the manufacture of the instant sales contract in compliance with the specific provisions among the following:

(2) Article 2 of the former Enforcement Decree of the Act provides that “The former Enforcement Decree of the Act on the Registration of Transfer of Ownership shall apply mutatis mutandis to the buyer’s payment of the remainder of the purchase price and the latter Enforcement Decree of the Act on the Registration of Transfer of Ownership.” The latter Enforcement Decree of the Act on the Registration of Transfer of Ownership shall apply to the buyer as of November 19, 2015.” Article 3 provides that “The latter Enforcement Decree of the Act on the Registration of Transfer of Ownership shall apply to the buyer’s payment of the remainder of the purchase price until the buyer pays the intermediate payment (if there is no intermediate payment), the latter Enforcement Decree of the Act on the Registration of Transfer of Ownership shall apply to the seller’s payment of the remainder of the purchase price and the latter Enforcement Decree of the Act on the Registration of Transfer of Ownership Ownership.” Article 3 provides that “The latter Enforcement Decree of the Act on the Management of Real Estate shall apply to the seller’s payment of the remainder of the purchase price and the latter shall not apply to the seller’s payment of the remainder.”

On the other hand, the contract of the sales contract of this case is accompanied by the "matters of special agreement", and the main contents are as follows:

Of the following: