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(영문) 서울고등법원 2019.02.13 2018나2046507

소유권이전등기

Text

1. The judgment of the first instance court, including the modification of a claim by this court, shall be modified as follows:

The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: ① using “M” of the 15th 6th 6th son of the judgment of the court of first instance as “I”; ② changing the part of the 16th 4 to 17th 18th son of the judgment of the court of first instance, which differs from the judgment of the court of first instance, and the part of the 18th 13 to 16th son is identical with the ground of the judgment of the court of first instance except for changing the part differently from the judgment of the court of first instance (other than the part where the decision of the court of first instance is changed differently from the judgment of the court of first instance, the fact-finding and judgment of the court of first instance

2. The modified part;

A. On the other hand, the obligation of the Defendant’s ownership transfer registration and the Plaintiff’s obligation to pay the purchase price of the instant sales contract simultaneously is in a simultaneous performance relationship, and there is no dispute between the parties that the security deposit amounting to KRW 1.997.9 billion paid by the Plaintiff to the Defendant should be deducted from KRW 3.2331 billion of the sales price of the instant sales contract.

2) Furthermore, the Plaintiff asserts that the interest calculated at the rate of 14% per annum on the amount of KRW 81,80,000 under the instant increase agreement (i.e., KRW 1.99,799 million - KRW 1.91,61 million - the amount of interest calculated at the rate of KRW 14% per annum is deducted from the purchase price under the instant purchase agreement, and thus, the Plaintiff asserts that the interest calculated at the rate of KRW 81,80,000,00, which is 14% per annum from March 1, 2013 to January 31, 2016 after the termination of the instant lease agreement, should be additionally deducted from the amount of KRW 33,477,490 per annum from March 31, 2016, taking into account the aforementioned facts as seen earlier, the Plaintiff’s overall increase of the rental deposit between the Plaintiff and the Defendant and KRW 80,53,555,000 per annum.