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(영문) 서울고등법원 2021.02.03 2020나2002845
매매대금반환
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The plaintiff(s) and the Appointor J.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows, and the reasoning of the judgment of the court of first instance is identical to that of the defendant except for the defendant’s additional determination as to the assertion added to this case by the court of first instance as follows. As such, the remainder of the argument other than that set forth in paragraph 2 is not significantly different from that of the defendant alleged in the first instance court. However, considering the evidence submitted in the first instance court in full view of the evidence submitted in this court in the first instance trial, the facts of first instance and the determination are legitimate). Of the reasoning of the judgment of the court of first instance, the plaintiff “the plaintiff” in the reasoning of the judgment of the court of first instance is deemed to be “the deceased A”.

The second judgment of the court of first instance is followed by the following 6,7 conduct:

On December 13, 2017, “The total sales amount was reduced to KRW 40,00,000,000, and the intermediate payment was reduced to KRW 50,000 on December 29, 2017, and the intermediate payment was reduced to KRW 40,00,000 (the intermediate payment was reduced to KRW 40,000 even if the total sales amount was reduced thereafter) and February 28, 2018, respectively, agreed to pay KRW 124,00,000.

In the second instance judgment of the first instance court, "40,000 won" in the fourth instance judgment below shall be "40,000,000 won" in the fourth instance judgment.

In the third judgment of the court of first instance, the following three conduct shall be followed:

I. The Plaintiff A died on February 20, 2020, and the heir I and the J succeeded to the instant legal proceedings.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1 through 8, and the purport of the whole pleadings, "registration of preservation of ownership" in the first instance judgment below No. 4 of the first instance judgment of "the purport of the whole pleadings" is dismissed as "registration of preservation of ownership".

The first instance judgment No. 5, 4, "the Plaintiff is the deceased's heir (the appointed party) and the appointed party J," respectively.

2. Additional determination

A. In the event that the Defendant is liable to compensate for damages caused by tort against the deceased A, the Defendant’s obligation and the obligation to deliver the deceased’s building F of the instant building is simultaneously in the performance relationship, and the deceased’s heir still resides in the building F of this case.

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