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(영문) 서울고등법원 2019.05.28 2019나2012501
매매대금반환
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

Reasons

1. The defendant filed an appeal regarding the whole part of the judgment of the court of first instance against the defendant, and the plaintiff filed an incidental appeal regarding the part of KRW 80,000,000, which was received from E, among the part against the plaintiff in the judgment of the court of first instance against the defendant.

Therefore, the scope of the appellate court's trial is limited to the scope of appeal by the above appeal and incidental appeal.

2. Facts of recognition;

A. The Plaintiff is a person who has entered into a contract for purchase of the ownership of a housing site for migrants in a zone planned to purchase the ownership of a housing site, and the Defendant is a person who has acquired the ownership of the ownership of a housing site for migrants as part of the relocation measures (hereinafter “instant ownership”).

C is the spouse of the defendant.

B. On March 2014, the Defendant signed and sealed the seller’s column and delivered it to E engaged in real estate-related business, under the sales contract, the real estate subject to the sale contract, the buyer, and the sales price are all blanks. Around March 2014, the Defendant signed and sealed the sales contract and issued it to E engaged in real estate-related business. The seller of the sales contract of the purchase right of this case, Article 4

) The project implementer shall perform or provide all the documents and acts required by the project implementer from the application for the purchase of the land to the change of name, and subsequently purchaser (hereinafter referred to as “B”).

Article 5 “A” is liable to transfer the name to a person designated by “A” or “B”. Article 8 of the Income Tax Act refers to “A” and “B” shall be reported to the amount that “B” wishes. However, when a right is created due to a cause attributable to “A” or when the name change occurs, “A” shall be borne by “A”. Article 12 of the Special Agreement provides that “A” shall be notarized as a bond in order to secure the claim of this Agreement, and the (a) the guarantor of “A” shall sign and affix his/her seal on a guarantee agreement and shall be jointly liable. 2) “A” at the time of the instant case.

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