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(영문) 서울고등법원 2019.12.18 2019나2047873

소유권이전등기 등

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1. The judgment of the court of first instance is modified as follows.

The defendant shall receive KRW 2,307,151,90 from the plaintiff.

Reasons

With respect to this case cited by the judgment of the court of first instance, this court's reasoning is the same as the reasoning of the judgment of the court of first instance, except for adding the judgment as follows.

In addition, in addition to the statement in Eul evidence No. 2 of the judgment, the registration of the establishment of the right to lease on a deposit basis for the original deposit deposit amounting to KRW 90 million was completed, but the registration was cancelled on December 13, 2018, which was after the closure of the pleadings in the first instance trial. Accordingly, since the plaintiff, the purchaser, was no longer liable for the return of the above deposit amount, the above amount of the deposit on a deposit basis shall not be deducted when calculating the sale price of the real estate in this case.

Therefore, the purchase price to be paid by the Plaintiff to the Defendant is recognized as 2,307,151,90 won, which is the market price at the time of delivery of the complaint of this case.

Therefore, the defendant is obliged to receive KRW 2,307,151,90 from the plaintiff and to deliver the above real estate to the plaintiff on September 22, 2016, which is the delivery date of the complaint concerning the real estate in this case.

According to the conclusion, the judgment of the first instance is to be modified as above.