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(영문) 대법원 2015.12.23 2014다9083

소유권이전등기 등

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All appeals are dismissed.

Of the costs of appeal, the part incurred between AA and the defendant, which is the litigation acceptance of the deceased E.

Reasons

The grounds of appeal are examined.

1. Regarding Plaintiff I’s ground of appeal No. 1, the reasoning of the judgment below and the attached Form “The details of Plaintiff I’s payment” of the judgment below (the 35th of the judgment of the court below), the court below acknowledged Plaintiff I’s business service cost and down payment to be KRW 7,00,000, and KRW 18,000,000, respectively, in the course of appropriation for performance, the court below appropriated Plaintiff I’s payment of KRW 8,000,000 as well as KRW 22,00,000 in the course of appropriation for performance, and the court below also found the fact that Plaintiff I appropriated Plaintiff I’s delayed payment of KRW 3,20,000,000, which was paid by September 2, 2008, until the damages for late payment were appropriated to KRW 3,20,000,089, which had not been appropriated for other obligations.

Therefore, it is so alleged in the ground of appeal that an error exists in the calculation method of the lower court.

However, the above error is merely a ground for rectification of the judgment because it is obvious that there is a mistake or error in the judgment, and it is not a ground for reversal of the judgment below.

(see, e.g., Supreme Court Decisions 96Da40912, Nov. 29, 1996; 2007Da30317, Jul. 26, 2007). Accordingly, the argument that the grounds of appeal raised this cannot be accepted.

2. As to the grounds of appeal Nos. 1, 2, C, D, F, and H’s grounds of appeal Nos. 2, 1, 2, and 1, and 2 of the Defendant’s grounds of appeal, the lower court acknowledged the Defendant’s obligation to pay the Plaintiffs’ agency service cost and trust registration fee on the following grounds: (a) as to the Plaintiffs’ claim for the transfer registration of ownership of each apartment building based on each of the instant sales contracts, the Defendant defective the unpaid sales price, etc.; and (b) as to the Plaintiffs’ claim for the transfer registration of ownership; (c) as to the amount deposited in the designated account under the name of Daelim Industrial Co., Ltd., Ltd., a contractor, the Plaintiff’s 30,000,000 won deposited into the Defendant’s account; and (c) as to the down payment and the intermediate payment, the Plaintiff’s damages for delay did not accrue