(영문) 서울고등법원 2017.07.14 2016나2078302

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(영문) 서울고등법원 2017.07.14 2016나2078302

손해배상(기)

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1. The part against the Defendants in the judgment of the court of first instance is revoked, and the Plaintiffs corresponding to the above revoked part are the Defendants.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 through 9 (including each number):

The Defendants’ inheritance of the instant real estate 1) Each real estate listed in the separate sheet (hereinafter “instant real estate”).

The registration of ownership transfer was completed under the name of H on May 20, 1986 with respect to land, and the registration of ownership transfer was completed under the name of H on November 11, 2002 with respect to the building, and the registration of ownership transfer was completed under the name of H on November 7, 2002 with respect to the donation from November 7, 2002, and thereafter, the registration of ownership transfer was completed under the name of H on the ground that H died on June 20, 2007.

B. On January 17, 2013, Defendant E drafted a sales contract for commercial buildings on behalf of the remaining Defendants, under which the Defendants would sell the instant real estate in KRW 3,580,000,00 on behalf of the other Defendants (hereinafter “instant sales contract”).

(2) According to the instant sales contract, KRW 300,000 of the down payment out of the purchase price shall be paid on the date of the contract, and KRW 520,000,000 out of the remainder of KRW 3,280,000,000, in lieu of the Plaintiffs’ acceptance of the obligation to return the lease deposit in relation to the instant real estate, and the remainder of KRW 2,760,00,000 is paid on February 21, 2013.

On the other hand, the sales contract of this case contains the following contents as a special agreement.

The tenants of this building will take over by the purchaser, and the total amount of the deposit (520 million won, monthly rent 1,9380,000 won) of the tenants will be included in the purchase price.

This building is common shares of E (ma, 3/7), F (i.e. 2/7), G (i.e. 2/7).

유사 판례

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