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(영문) 서울고등법원 2015.01.22 2014나15240
매매대금반환
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the Plaintiff’s purchase of KR 101 from H, represented by G, on condition that the right to occupy and use an apartment and the compensation money accrue due to the removal of a house pursuant to an urban planning project, and the Plaintiff agreed to refund the right to occupy and use an apartment and the expenses incurred in the registration of the transfer of ownership, but the right to occupy and use the apartment were not incurred if the right to occupy and the compensation money were not incurred, and the validity of the sales contract was terminated due to the fulfillment of the conditions, or the cancellation of the sales contract due to the nonperformance of G, and at the same time, he/she takes over the registration procedure for the cancellation of ownership transfer registration

The judgment of the first instance accepted all the plaintiff's claims, and the defendant appealed against it.

B. Under the premise, the Plaintiff agreed to pay the remainder KRW 10 million on the date of the contract, and the remainder KRW 210 million on January 12, 2004, between H and H, which expressed the intent to act on behalf of G on December 30, 2003, with the Plaintiff’s purchase price of KRW 220,000,000 from G, as to the payment of the purchase price.

The plaintiff and H entered into a sales contract and entered into a sales contract as follows.

- Payment of KRW 100 million out of the remainder shall be substituted by the Plaintiff’s acceptance of the obligation to return the lease deposit against the lessee No. 101, KRD 101.

- During the first half of 2004, KSL 101 was removed pursuant to an urban planning project and entered into a sales contract on the condition that the right to move and the amount of compensation (e.g., KRW 150 million) accrue, and G was paid to the Plaintiff unless these conditions are fulfilled.

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