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(영문) 대법원 2016.06.23 2015다78871

소유권이전등기

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The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

After finding the facts as indicated in its reasoning based on adopted evidence, the court below rejected the Plaintiff’s primary claim seeking the execution of the procedure for ownership transfer registration of each real estate in return for the remainder payment, considering that the Defendant had lawfully rescinded the sales contract of this case due to delay in the payment of the Plaintiff’s remainder, and dismissed the Plaintiff’s preliminary claim seeking the return of the down payment, on the ground that the contract was cancelled due to the Plaintiff’s cause attributable to the Defendant.

In light of the relevant legal principles and records, the above fact-finding and determination by the court below are justifiable. Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of the legal principles as to the terms and conditions or as to the acceptance by modification of Article 534 of the Civil Act, or

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

참조조문