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(영문) 서울중앙지방법원 2017.05.18 2016나66300
환매 정산대금 등 청구
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the judgment on a new argument made by the defendant in the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. The Defendant determined that “In the event of an error in calculating the purchase price, etc., the Defendant shall confirm the error of the Plaintiff’s notification within six months after the date of conclusion of the contract and correct the purchase price, and if the correction and settlement are not made within the modified period, it shall be allowed to extend the modified period or repurchase by bonds through consultation.” However, the Plaintiff made a peremptory notice of performance under the warranty liability through the public notice issued on June 9, 2015, pursuant to the foregoing provision, and the Plaintiff filed the instant lawsuit on January 21, 2016, which was six months thereafter, and thus the extinctive prescription under the warranty liability expires.

On June 9, 2015, the period for claiming redemption, the Plaintiff clearly revealed the existence of claims subject to redemption to the Defendant through the public notice attached to attached Form 1, which was within the period for claiming redemption (According to the statement in attached Form 1, the Plaintiff was bound to confirm the PPB on June 9, 2015, by attaching the public notice attached to attached Form 1 on the electronic mail as of June 9, 2015, stating 5 cases for non-authorization of individual rehabilitation among B bonds, 8 cases for non-authorization prior to authorization, 8 cases for non-verification prior to authorization, and re-verification of defective bonds for which the procedure for title change is not in progress). As such, the Plaintiff filed a claim for rescission of the assignment of claims and claim for redemption within the redemption period extended by implied agreement between the parties, and thus, the Plaintiff was held liable for warranty against the Defendant.

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