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(영문) 대구고등법원 2019.12.05 2019나21720

매매계약 부존재 확인

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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is as follows, except where the court added and cited some of the facts or added the judgment of the court, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to the part added or added, the part of the judgment of the court of first instance, which is about 17 pages 4 and 17 of the 19th sentence, "Expert H" shall be written with "Expert H of the court of first instance", and "the Defendant's fingerprints" in the 19th sentence shall be written with "the Plaintiff's fingerprint."

The following shall be added to the 8th 19th 19th 19th 19th 19th 19th 19th 2.

Of the total area of the project site originally planned by the Defendant, the area for which the registration of ownership transfer has been completed in the name of K Co., Ltd., a right holder separate from the Defendant (see the evidence No. 19-3) is limited to 2,807.9 square meters (No. 13 through 17 among the evidence No. 19-3). Rather, the above area of 9140 square meters (No. 4 through 12, 18 through 23 among the evidence No. 19-3) out of the above area is the business site of E, and thus the sales contract with the Defendant was not continued.

[] The following is added to the 11th sentence of the judgment of the first instance. 10th sentence of the 111th sentence of the 10th "a situation in which a multi-family housing project is still being

According to the evidence Nos. 26-1 through 13, K Co., Ltd. may recognize the completion of each registration of ownership transfer on the grounds of 13 occasions from May 30, 2019 to June 28, 2019 between the land owners in the original project site planned by the Defendant and the former land owners, and on the grounds of 13 occasions from May 30, 2019 to June 28, 2019. Accordingly, according to the above, it is reasonable from the conclusion of each of the above contracts with the said land owners at the time of entering into the first real estate sales contract with the said land owners.