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(영문) 부산고등법원 2018.10.10 2017나54787
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff, and the Defendant B’s real estate indicated in [Attachment List] paragraphs 1 through 11.

Reasons

1. The reasoning for this part of the judgment on the part of the claim premised on the cancellation of the instant sales contract by the notification of cancellation on May 27, 2016 among the Jeju First Claim is the same as the corresponding part of the judgment of the court of first instance, and thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The judgment on the part of the claim on the premise that the sales contract of this case was rescinded due to the remainder of KRW 170 million among the claim on the first claim on the ground that the sales contract of this case was rescinded.

A. As seen earlier on October 16, 2015, the Plaintiff: (a) determined the instant real estate Nos. 1 through 11 (real estate indicated in the attached list) to Defendant B as KRW 1.8 billion; (b) determined that the Defendant Company sold real estate Nos. 12 through 19 (real estate indicated in the attached list) as KRW 700,000; and (c) the Defendants paid KRW 170,000 to the Plaintiff on November 5, 2015 the remainder of the instant sales contract to the Plaintiff on January 30, 2016; and (d) completed the registration of transfer of the ownership under the name of the Cheongju District Court on November 6, 2015 under the name of Defendant B as the receipt of the instant real estate No. 16185, Oct. 16, 2015; and (e) completed the registration of transfer of ownership under the name of the Defendant Company No. 1616, Oct. 16, 20196.

(3) On May 27, 2016, the Plaintiff sent each content-certified mail stating that the Defendants would cancel the instant sales contract on the grounds that the Defendants did not pay the remainder, etc. of the instant sales contract to the Defendants. The Defendants received each content-certified mail around that time. (4) The Plaintiff seeks procedures for the cancellation of each ownership transfer registration of this case against the Defendants on July 21, 2016 due to the cancellation of the instant sales contract.

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