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(영문) 서울고등법원 2017.05.12 2016나2047353
가등기말소
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows. The reasoning of the judgment of the court of first instance is as follows, with the exception that the plaintiffs added 2. Additional Judgment as to the assertion that is emphasized by this court, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.

The 5th five parties of the first instance judgment "the sales contract on November 17, 2014" are "the sales contract on November 17, 2014" as "the sales contract on November 17, 2014."

The 7th page of the first instance judgment "(including each number)" shall be considered as "(including a number number; hereinafter the same shall apply)".

The 7th five witnesses in the judgment of the first instance shall be deemed to be a witness in the first instance, and the "this court" shall be deemed to be a "court of the first instance".

The 8th of the first instance judgment "a delegating person" shall be deemed "a delegating person".

The 8th 14th 14th 10 judgment "the instant sales contract" is "the instant real estate sales contract".

The plaintiff in the 9th 11th 11th eth eth eth son of the first instance judgment shall be "the plaintiff".

2. Additional determination

A. The Plaintiffs’ assertion that the instant real estate sales contract and the instant contract for the transfer and acquisition of business rights are not separate contracts, but indivisible contracts for each of the instant real estate and business rights.

The Plaintiffs had fulfilled their obligations under each of the above contracts, such as receiving all documents necessary for the transfer of business rights from Nonparty H Co., Ltd., the original nominal owner of the instant business right, and delivering them to the Defendant, but the Defendant did not pay any balance, and thus lawfully rescinded the instant real estate sales contract

Therefore, the defendant is obliged to implement the procedure for the cancellation registration of the provisional registration of this case to the plaintiffs due to the cancellation of contract.

B. (1) Determination (1) All of the instant real estate sales contract and the instant business license transfer and acquisition contract were concluded on November 17, 2014, and the remaining payment date of each of the instant contracts is the same as December 27, 2014. The instant business license transfer and acquisition contract is the instant real estate sales contract.

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