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(영문) 서울동부지방법원 2015.05.29 2014나24282

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. The reasons why a member of the party states this part of the facts of recognition are as stated in the corresponding column of the reasoning of the judgment of the court of first instance, and thus, it is determined to accept it as it is in accordance with the main sentence of

2. Determination

A. The reasons why a party member should explain this part of the liability to compensate for damages are as follows, except for the following cases: (a) the “in the instant case,” set forth in the 19th sentence of the judgment of the first instance; and (b) the same applies to the relevant column, thereby admitting it as it is in accordance with the main sentence of Article 420 of the

In the instant case, according to the aforementioned evidence, Article 6 of the instant sales contract (Succession to the Lease Contract and Termination of Limited Real Rights) provides that “A shall not lease the instant sales contract, and shall not have any burden to impair the full exercise of ownership of the seller’s right, pledge, mortgage, seizure and other property, and shall transfer the ownership without any damage to B. If a third party makes a claim for the right to the instant sale before the intermediate payment, A shall dispose of all of the said property, and shall not cause damage to B, and at this time, B may unilaterally terminate the instant sales contract without solving all the burden likely to hinder the exercise of ownership, and file a claim for damages.” The buyer concluded the instant sales contract without knowing that the provisional seizure was executed, without being aware of the fact that the provisional seizure was executed, and later requested the Plaintiff to cancel the registration of provisional seizure for the reason that the seller’s full performance of the seller’s obligation to transfer ownership under Article 6 of the instant sales contract was executed, but the execution of the intermediate payment was not revoked, and thus, recognition of the cancellation of the instant sales contract is acknowledged.