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(영문) 서울고등법원 2018.06.01 2017나2061622
소유권말소등기
Text

1. The plaintiff's appeal and the preliminary claim added by this court and the independent party's appeal are all filed.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) except for adding “a judgment on the grounds of appeal by the plaintiff 4. 13” and “a judgment on the grounds of appeal by the plaintiff 5. Initial claim added by this court” to “a judgment on the grounds of appeal by the plaintiff 4. 13. 13” and “a judgment on the conjunctive claim added by this court,” and thus, the reasoning of the court of

4. Judgment on the ground for appeal by the Plaintiff

A. The gist of the assertion is that the purchase price of the pertinent D-dong land shares is KRW 576 million, or the Defendant did not pay the remainder of KRW 200 million, in addition to the acquisition of the loan amounting to KRW 376 million.

Accordingly, the Plaintiff cancelled the sales contract of the instant D’s share through the application for the modification of the purport and cause of the claim as of December 22, 2017.

Therefore, the Defendant, as restitution to the Plaintiff, is obligated to implement the procedure for the cancellation of ownership transfer registration concerning the portion of land in the instant Ddong.

B. According to the statement in Gap evidence No. 3, it is recognized that the purchase price of the shares in the Ddong land of this case is KRW 576 million, and the sales contract of this case stated that "the purchaser takes over the seller's loan amounting to KRW 376 million out of the balance of the purchase price" as the special terms and conditions in the sales contract of this case.

However, in full view of the following circumstances acknowledged by the aforementioned evidence, the above facts alone cannot be deemed as the Defendant’s obligation to pay the remainder to the Plaintiff regarding the sales contract of the pertinent land share.

The plaintiff's above assertion cannot be accepted.

1 The instant sales contract states “temporary payment” in the relevant column instead of stating the amount of the down payment, intermediate payment, and remainder, and states “temporary payment” on September 15, 2015, both the contract date and the remainder payment date.

Such entry is on the date of the contract.

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