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(영문) 서울고등법원 2015.01.22 2014나32283
매매대금 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: “(d) the Defendant leased No. 301 of the instant building C on September 20, 201 to KRW 90,000,000, and the Plaintiff received KRW 80,000 out of the lease deposit and appropriated for the settlement money under the instant exchange contract to be paid to the Plaintiff by the Plaintiff.” The Plaintiff added “328,987,373 won” of the first instance judgment as “248,987,373 won” of the second instance judgment, and “No. 9 of the first instance judgment” of the first instance judgment as “No. 49, 2010, Oct. 27, 2010,” and “No. 4, 10, 10, 5, 2000, 10, 10, 10, 10, 10, 10, 10, 10, 10, 116, 10, 10, 1, 10,” respectively.

2. The additional part of the Plaintiff: (a) the Defendant transferred the ownership of M, N,O, P, Q, and R land (hereinafter the above land collectively referred to as “J-owned land”; (b) among them, if the Defendant intended to dispose of J-owned land and pay the remaining settlement money under the instant exchange contract to the Plaintiff, it is sufficient for K to delegate the sale to the Plaintiff without the need to transfer the ownership of the above land; (c) even though it is possible to pay the remaining settlement money on the sole basis of J-3 land, K transferred the ownership to K to other land; and (d) K transferred the remaining settlement money to X when selling the said three land to X. In full view of this, the Defendant did not transfer the ownership of the above land to K for the payment of the remaining settlement money to the Plaintiff; and (d) since the amount acquired by K-owned land from J-3 land was acquired from the said land, the Defendant paid the above amount to the Plaintiff to the Plaintiff.

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