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(영문) 서울고등법원 2017.08.25 2017나2015117

매매대금반환

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1. The plaintiff's appeal and each selective claim added by this court are all dismissed.

2. After filing an appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and the judgment on the selective claims added by the plaintiff in this court is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment on the selective claims added by the plaintiff in this court under paragraph (2). Thus, this is to be cited

The following shall be added to 7 pages 6 of the judgment of the first instance.

In the event that the scope of the instant contract, as alleged by the Plaintiff, includes the obligation of the Defendant to transfer the name of the Plaintiff regarding the report on the selection of aggregate or to receive the report under the Plaintiff’s name of the Plaintiff, and the obligation was concurrently performed with the Plaintiff’s obligation to pay the remainder, it is difficult to easily understand that the Plaintiff did not make any statement on the Defendant’s obligation as above while preparing an agreement on the completion of the registration of the establishment of the right to lease on a deposit basis (Evidence A) with respect to the remaining balance of the outstanding sales amount of KRW 120,000,000,000 for the reason that the Plaintiff was operating the aggregate extraction business without the registration of the aggregate extraction business and the report on the construction of the right to lease on a deposit basis, on April 2015.

(i) "";

2. Selective.