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(영문) 부산고등법원 2018.08.29 2018나50836
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

The reasoning for the court's explanation of this case is as follows: (a) in addition to the dismissal or addition as set forth in paragraph (2), the part concerning "basic facts" and "request for the performance of agreed amount" are the same as the part concerning the grounds for the judgment of the court of first instance; (b) thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act. In addition, the part concerning dismissal or addition, which is the 15th day of the 7th day of the judgment of the court of first instance, is that "the testimony of the witness K" as "each testimony of the witness K

The following shall be added to the end of the seventh seventh day of the judgment of the first instance.

Even if the Defendant expressed to the Plaintiff the intent that the Plaintiff will donate KRW 150 million equivalent to the building or the I shop, each of the parties may rescind the contract without written representation (Article 555 of the Civil Act). As such, as the Defendant rescinded the contract of gift with the aforementioned expression of intent on March 26, 2018, the Plaintiff’s claim for performance of the contract cannot be accepted even in this respect.

[2] Thus, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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