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(영문) 대구고등법원 2017.11.23 2017나20228

약정금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, and the reasoning of the judgment of the court of first instance citing the instant case is the same as that of the judgment of the court of first instance, except for adding or adding the contents as set forth below, thereby citing it as it is in accordance with the main sentence of Article

2. The part added or used in addition to the judgment of the court of first instance shall be 6 pages “H, I, J, and P” to “H, I, J, and P.

The following shall be added to "the amount" of the 11th sentence of the first instance judgment:

Considering the fact that the Defendants jointly purchased each of the instant real estate for the purpose of investment, and the Defendants agreed to purchase the instant real estate as a joint purchaser in accordance with the instant agreement, and that the Defendants did not separately determine the acquisition ratio of the shares in real estate or the share ratio of the purchase price, the Defendants’ obligation to pay the purchase price pursuant to the instant agreement is an indivisible obligation.

) The 4th 16th son of the first instance judgment “(23,080,000 won (2) KRW 6,7320,000)” is the 6,7320,000 won [3,240,000 won (260,000 won x 360,000 won) x 364,080,000 won (360,000 won x 178 square meters)”.

3. The portion to be judged additionally in the trial.

A. Defendant C asserts to the effect that according to the phrase of the written confirmation as seen earlier, it should be deemed that only 3 real estate was re-purchasing under the instant agreement, and thus, Defendant C is obligated to pay only the purchase price.

As seen above, although the above confirmation document contains a statement that only the third real estate is purchased again, each of the following circumstances recognized by the evidence in the judgment of the court of first instance, that is, the real estate of this case constitutes a group of land (the result of appraisal by appraiser L of the court of first instance), the first and second real estate constitute a group of land adjacent each other (the result of appraisal by appraiser of the court of first instance), the area of the third real estate is small and the market price is high, and the first and second real estate are the real estate.