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(영문) 대전고등법원 2020.07.09 2020나10761
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the reasoning of the judgment of the court of first instance concerning this case are as follows: (a) the last paragraph (6) of the judgment of the court of first instance shall be deemed to be “delivery”; and (b) the fifth paragraph shall be deemed to have the obligation to pay KRW 100 million; and (c) the fifth Section 18 shall be deemed to have the obligation to pay KRW 100 million; (d) insofar as the ownership of the real estate of this case and the machinery and equipment owned by the defendant is not transferred to the plaintiff, the term of the obligation to pay KRW 100 million has not yet arrived; (e) in light of the language and text of the agreement of this case, the sales contract of this case, and the developments leading up to the conclusion of the agreement of this case, it is reasonable to deem that the plaintiff agreed to pay KRW 100 million out of KRW 400,000 to C simultaneously with the transfer of the real estate of this case and all names of the machinery and equipment owned by the defendant; and (e) the above argument of the plaintiff shall not be accepted the service of the judgment of Article 71717.

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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