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(영문) 대전고등법원 2019.11.20 2019나10246
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. Pursuant to the conjunctive claim added by this court, the defendant 120.

Reasons

1. The court's explanation of this case is to omit "D Licensed Real Estate Agent Office" in the last sentence of the judgment of the court of first instance, supplement the judgment of the court of first instance as to the plaintiff's main claim as stated in Paragraph 2, and supplement the judgment of the court of first instance as stated in the reasoning of the judgment of the court of first instance as stated in Paragraph 3, except for the addition of the judgment of the plaintiff with regard to the conjunctive claim added by this court as stated in Paragraph 3. Thus, it is acceptable in accordance

2. In full view of the following circumstances, it cannot be deemed that a sales contract for the instant real estate between the Plaintiff and the Defendant was concluded on a final basis, taking into account the following circumstances in which the first instance court held to supplement the determination of the primary claim: (a) evidence as seen earlier; and (b) evidence as indicated in Gap’s 16 and 17; and (c) overall purport

Therefore, the plaintiff's primary claim, which is premised on the establishment of a sales contract, is without any need to examine the remainder.

① At the time of signing by the Defendant, the instant agreement did not state each amount of the purchase price and down payment, the first intermediate payment, the second intermediate payment, and the balance with respect to the instant real estate.

On the following day, the defendant sent a telephone to the new wall C, and talked to the effect that the agreement of this case does not state any matters concerning the purchase price, etc.

C In the instant agreement on the same day, “13. Sales price shall be KRW 4,00,000,000 per day,” and on April 9, 2018, deposited KRW 360,000,000 for KRW 14.0,000 for the balance of the contract, and on April 9, 2018, deposited KRW 360,000 for the termination of the contract.”

The Defendant only received text messages from C the images of the pictures stamped the instant agreement, and confirmed the supplementary contents as above.

In light of the developments leading up to the preparation of the instant agreement under Article 13 and 14, the Plaintiff and the Defendant.

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