분양대금반환
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of this part of the judgment on basic facts is as set out in paragraph 1 of the judgment of the first instance except for modification as follows:
Therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
In two sides at the lower end, “a loan from K to L on August 8, 2017 on behalf of the defendant” is “a loan from K around October 2018 to L”.
From 3 pages 1 to 3, K shall be as follows:
Around October 22, 2018, K notified L of the fact of the assignment of the credit above by content-certified mail. "No. 19" in 3 pages 9 of "No. 25" is added to "No. 25 (including each number; hereinafter the same shall apply).
2. The reasoning of this part of the Plaintiff’s assertion is as stated in Paragraph 2 of the reasoning of the judgment of the first instance except for the following modifications, and thus, this part of the judgment is cited in accordance with the main sentence of Article 420
4. The following shall be added to 3 pages:
“C. K terminated the instant sales contract on the ground that the Defendant, etc. transferred the ownership of the instant real estate to N and the ownership transfer became impossible, and transferred the right to restitution thereafter to the Plaintiff. Therefore, the Defendant is obligated to pay KRW 280,000,000, which is the amount equivalent to the sale price, as the restitution following the termination of the instant sales contract.”
3. Determination
A. This part of the judgment of the court of first instance concerning the claim for the amount of money transferred, except for the modification as follows:
For the same reason, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
4. The "Evidence 1, 10, 11 through 16 of A" of the 4th 6th 6th son shall be "Evidence 1, 10 through 16, 21 through 24 of A".
B. This part of the judgment of the court of first instance is with the exception of modification as follows.
For the same reason, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
4.13. The following shall be added to the 13th page:
The right to collateral security is, in principle, for the security of claims.