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(영문) 서울고등법원 2019.01.11 2018나2035378
소유권이전등기
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

The decision of the court of first instance is the same as that of the decision of the court of first instance, except for the modification as stated in paragraph 2 and the addition of the decision in the next trial as stated in paragraph 2.

B. 1) The amendment of the first instance court’s “witness” and “this court’s “this court” are both the witnesses of the first instance court and “court of the first instance,” respectively. The third party’s “Ddong real estate” in the first instance court’s “Ddong building,” respectively. 2) From the 10th end of the first instance court’s judgment, the fourth party’s “as of the first instance court’s “as of the fourth 19,3819,000 won” in the fourth instance’s “as of the fourth 4.49,3819,040 won (see evidence No. 8), the appraised value in the real estate auction procedure as seen earlier, during the real estate auction procedure as seen in the instant special agreement, the Plaintiff calculated the remaining KRW 4.25 million after deducting the down payment that the Plaintiff first paid from the Defendant from the fixed amount of KRW 12,500,000,000,000,000,000).

3 From the end of the 10th judgment of the first instance court, the "this case" in the end of the second parallel and the last parallel shall be considered as the "first instance" respectively.

2. As examined in the above cited part of the additional determination, ① the Defendant is obligated to compensate the Plaintiff for compensatory damages arising from the impossibility of performing the duty of transfer based on the instant special agreement, and ② The instant difference exchange contract was cancelled on the ground of mistake.

The difference exchange contract of this case and Article 565 of the Civil Code cannot be deemed to have been rescinded under Article 4 of the difference exchange contract of this case and Article 565 of the Civil Code. The defendant's statements in Section B through Section 4, 6, 12, 14, Gap evidence No. 4, or witness K, V, L's testimony, and the defendant's request.

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