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(영문) 서울고등법원 2017.12.07 2017나2031263

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure

2. Parts to be dried;

A. The third part of the judgment of the court of first instance stating that “The building of this case was voluntarily auctioned (hereinafter “the building of this case”)” in the first part of the judgment of the court of first instance shall be construed as “the building of this case was voluntarily auctioned by the building of this case (hereinafter “the building of this case”).”

B. The fourth 1-16 parts of the judgment of the court of first instance are added to the following:

A person shall be appointed.

A. According to Article 578(3) of the Civil Act, the defendant alleged the plaintiff's assertion that the right to acquire ownership of the building of this case exists and even if the successful bidder of the building of this case pays the proceeds of sale, he actively requested an auction of the building of this case and continuation of the auction procedure of this case. Therefore, the defendant is liable to compensate the plaintiff's damages suffered by the plaintiff, who is the successful bidder of the building of this case, as the successful bidder of the building of this case, knowing the defect of right or a request for continuation of the auction procedure of this case. Thus, in the case of Article 578(3) and Article 578(3) of the Civil Act (Liability for Warranty and Seller's Liability for Warranty) (3) of the Civil Act as the creditor who filed an application for auction or a request for continuation of the auction procedure of this case, knowing the defect of right

C. Article 578(1) of the Civil Act provides that “The obligee’s liability for warranty pursuant to Article 578(3) of the Civil Act shall be premised on the successful bidder’s good faith.” In the case of auction, the successful bidder shall demand the obligor to rescind the contract or to reduce the price pursuant to the preceding 8 provisions.