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(영문) 서울고등법원 2018.08.31 2018나2022648

양수금등 청구의 소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court of the first instance regarding the instant case is as stated in the corresponding part of the reasoning of the judgment of the first instance, except where the court cites or deletes some of its contents or adds or deletes some of its explanation, and thus, cites it pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The 6th sentence of the first instance judgment "9,596,800 won" in the 12th sentence of the first instance judgment shall be "94,296,800 won".

Following the “74,700,000 won” in the 12th sentence of the first instance trial, the text of the judgment of the first instance added “(the above value is based on February 21, 2018, near the date of the closing of argument in the first instance trial, or there is no evidence to presume that the market price at the time of the instant sales contract was higher than the above value, and the above value of the small property in the second instance does not have any particular effect on recognizing that the accurate market price at the time of the instant sales contract was higher than the above value, and thus, the above value for convenience is deemed as the market price at the time of the instant real property).”

The 8th sentence to the second sentence of the judgment of the first instance, and the 4th sentence to the second sentence, the defendant C is not able to submit a sales contract of the instant sales contract.

2. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed.