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(영문) 서울고등법원 (춘천) 2021.03.26 2019나51664

매매계약해제 확인 등

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1. Of the judgment of the court of first instance, the part of the lawsuit against the Plaintiff (Counterclaim Defendant) regarding the counterclaim shall be revoked, and the part pertaining to the revocation thereof shall be applicable.

Reasons

The first instance court, which received part of the defendant's counterclaim, dismissed the plaintiff's claim for confirmation of the cancellation of the sales contract among the plaintiff's main claim, and dismissed all the plaintiff's remaining main claim and the defendant's remaining counterclaim.

Accordingly, since only the plaintiff appealed against the part against the counterclaim, the object of the judgment of this court is limited to the part of the counterclaim claim.

The reasoning of the judgment of the court of first instance, such as accepting the judgment of the court of first instance, is as stated in the reasoning of the judgment of the court of first instance, except to revise or add the relevant part of the judgment of the court of first instance as follows 3, and supplement or add the judgment as stated in the following 4, thereby citing it as is in accordance with the main sentence of Article 420

Under the 3 side of the amendment, the “not later than November 30, 2016” of the 5 conduct shall be added to the “15 times over 15 times.”

6 The 6th 8th pedal shall be amended to "15 times every month".

Under the 6th page, “the Defendant shall be entitled to restitution following the rescission of the instant contract” shall be added to “the Defendant.”

Under the 6th day, “five conduct” is added to “as the Defendant seeks, after the date of receipt of the above purchase price by the Plaintiff.”

6 Under the 6th day, the “legal interest or” shall be added to the following:

Supplement and Addition of Determination

A. The gist of the Plaintiff’s assertion was that F transferred the loan claim amounting to KRW 300 million against the Defendant by F, and that F delegated F with F’s authority to notify the transfer of the claim, and notified the Defendant of the transfer of the claim.

Accordingly, the Plaintiff acquired the claim against the Defendant for the amount of KRW 300 million.

In addition, the Defendant is the actual obligor with respect to the portion of KRW 300 million out of KRW 1.1 billion, which was loaned from G association (hereinafter “G association”) as security by G association, and the Plaintiff acquired ownership from F regarding the instant real estate offered as security.