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(영문) 부산고등법원 2016.04.06 2015나51524
소유권이전등기 등
Text

1. The plaintiff's appeal against the defendants and the defendant B's appeal are all dismissed.

2. The appeal costs.

Reasons

1. The reasoning for the court's explanation of this case is that the witness of the first instance court's judgment is "a witness of the first instance court" and the witness's testimony of the second instance court's witness of the evidence added to this court is insufficient to admit the plaintiff's assertion that the second instance court's testimony of the witness of the second instance court's judgment of the first instance court is not cancelled. Thus, the court's explanation of this case is identical to the part of the reasons for the second instance's judgment except for the second instance's third to 17 and third to 10 of 12 of 6 and 13 of 10 of 12 as follows. Thus, it is accepted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[1] On January 11, 2013, the Plaintiff: (a) paid the purchase price at KRW 100 million in consideration of damages for delay due to the Plaintiff’s failure to pay any balance; (b) paid the increased KRW 100 million by January 17, 2013; and (c) paid the remainder by January 31, 2013; and (d) paid the remainder as KRW 100 million on January 17, 2013, if the Plaintiff did not pay the balance on January 18, 2013; and (c) paid the balance on January 31, 2013, the payment date of the remainder to the Defendant (hereinafter “each of the second copies”; and (d) written statements stating that “If the contract is automatically rescinded and the down payment that was made on February 1, 2013 is attributed to penalty for breach of contract.”

2) Accordingly, the Plaintiff and Defendant B concluded a sales contract again on January 25, 2013, and drafted the sales contract. On June 19, 2012, the sales contract was revised to KRW 2.4 billion, and the date of the sales contract was entered retroactively as of June 19, 2012, which was the date of the conclusion of the sales contract. The Plaintiff and Defendant B entered the sales contract, as of June 19, 2012. 【The part 2 that was used after the date of the conclusion of the sales contract’s contract. 【The part 2 that was used by the Plaintiff and the Defendant’s Defendant’s payment of the remainder by December 28, 2012. In other words, the instant first sales contract was already rescinded on December 31, 2012 pursuant to the automatic cancellation agreement between the Plaintiff and the Defendant.

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