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(영문) 서울고등법원 2016.04.29 2015나22832

매매대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: (a) the “2012Kadan3553” in the fourth 6, seventh 653 of the first instance judgment is dismissed as “2012Kadan3552”; and (b) the part from fifth to the sixth 11th st st th th th th st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st

2. As to whether the Defendant succeeded to the status of the purchaser under the first sale contract of the instant union, the following circumstances, i.e., ① the object of the first sale contract by establishing the Defendant by establishing D, F, and G, i.e., the land subject to the transaction of the first sale contract, and J land (as to this land, the object of the first sale contract was reduced by 276/1,434 shares, contrary to the first sale contract).

(E) Although K’s decision to acquire K’s land and factory buildings was made, the instant association (E and D, F, and G) appears to have led by the purchaser under the first sale contract.

(2) Even at the time when the registration of ownership transfer is completed in the future by the Defendant with respect to each of the above lands (the above J land shares 276/1,434) after the Defendant was established, the succession of the down payment under the bottom of the first sale and purchase contract was still uncertain, and even if such succession amount exceeds KRW 530 million, the first sale and purchase contract is a large amount of money which is up to KRW 530 million, the Defendant’s successor to the down payment in the first sale and purchase contract is entrusted with the following works to other companies, not the United Nations or Doi, which is not the party to the succession of the down payment, and ③ the Defendant was reduced to more than the first sale and purchase contract (the subject of the above first sale contract,

It is very important to conclude the second sale contract that is not identical to the first sale contract, such as the special agreement on the payment method of the balance, and the succession of the buyer's status is very important.