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(영문) 서울고등법원 2016.11.18 2016나2029362

매매대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant, from the plaintiff 1, the plaintiff Dacheon-gu C.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: “In accordance with the provisions of Section 3, Section 14 of the judgment of the court of first instance,” and “In accordance with the main sentence of Article 420 of the Civil Procedure Act, the part of Sections 5, 21, and 8, 7, 21, and 8, shall be cited as the grounds for the judgment of the court of first instance, except for the modification of the part of Section 2, 7, 21, and 8, 7, 21, and 8, 200, 200, 300,000,000,000,000,000,000,000,00

2. The changed part

A. On the argument of the above (2), the part 5th to 21th 6th 8th 6th 8th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 1st 6th 6th 6th 6th 1

However, the Defendant, a seller, is a party to the contract of the second sale contract of this case, and can request the Plaintiff to cancel the registration of ownership transfer in the name of the Plaintiff for the cancellation of ownership transfer registration in the name of the Plaintiff, for restitution of the contractual rights arising from the rescission of the contract. As such, the Plaintiff’s obligation to cancel the ownership transfer

Therefore, the defendant is obligated to return the purchase price to the plaintiff at the same time as the procedure for the cancellation registration of the ownership transfer registration as to the share in the land of this case is implemented by the plaintiff.

The plaintiff asserts to the effect that, as the plaintiff agreed with B to purchase the land shares in this case in KRW 700 million and to use the registration of ownership transfer in the name of the plaintiff with respect to the land shares in this case, the above registration of ownership transfer is valid and there is no obligation to cancel

The utilization of the invalidated registration due to the extinguishment of the real relationship has been agreed to be useful for the registration.