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(영문) 부산고등법원 2018.10.25 2018나55350

소유권이전등기

Text

1. The judgment of the first instance, including the claims of the Plaintiff (Appointed) and the designated parties expanded by this court, is next to the following.

Reasons

1. The reasoning of the judgment of the court of first instance is that the part of the judgment "(3)-A-3)" among the reasons of the judgment of the court of first instance (from the last half to the second half of the judgment of the court of first instance) is the same as the part of the reasons of the judgment of the court of first instance, except for the case where the plaintiff's assertion is not accepted as evidence submitted additionally by this court and it is not sufficient to acknowledge the plaintiff's assertion as evidence, and the part of the judgment of the court of first instance (from the last half to the second half below of the judgment of the court of first instance, from the second half to the nine below)

2. (1) In the bilateral contract in which both relevant legal principles are jointly performed, in order for one of the parties to rescind the contract on the grounds of the other party's non-performance, one must first provide one's own performance and notify the other party of his performance within a reasonable time and thereby cause the other party to delay of performance. If the other party's performance is required to perform his/her obligation, it will be sufficient to give the other party a verbal notice of the completion of preparation for performance and to give the other party a peremptory notice of receipt.

(See Supreme Court Decision 92Da56438 Decided April 13, 1993, etc.). 2: (a) each of the following circumstances acknowledged by the evidence that the Defendants had completed the preparation for providing performance, i.e., (i) the Defendants issued a certificate of the personal seal impression for real estate sale entered as the purchaser on July 11, 2016; (b) the Defendants are presumed to have held the certificate of the personal seal impression for real estate sale entered as the purchaser; (iii) the Defendants are presumed to have held the certificate of the personal seal impression for real estate sale; (iv) the registration certificate for the instant real estate was presumed to have been owned by the Defendants, the registrant; (v) the power of attorney for the registration of the ownership transfer, if any, can be easily prepared by sealing the certificate of the personal seal impression, and (v) the Defendants on July 13, 201