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(영문) 서울고등법원 2017.08.24 2016나2082493
매매계약금반환등
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The plaintiff (Counterclaim defendant) added by this court among the claims filed in the principal lawsuit.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. The reasons why this Court shall state this part of the basic facts are the same as that of the judgment of the court of first instance, except for the following parts, and thus, it shall be cited by including the abbreviation in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary to the part of the judgment of the court of first instance, “1. Recognition” is written as follows: “The entire real estate of this case” is written as “each real estate of this case,” and “the real estate of this case” is written as “each of the real estate of this case,” and “the real estate of this case” is written as “the real estate of this case.”

Part III of the judgment of the first instance, following the first instance court: “B, on the other hand, at the time of the conclusion of the instant sales contract, the neighboring mortgage (hereinafter “instant building”) and the third parts of the first instance judgment were as follows. B. Meanwhile, with respect to each of the instant real estate, each of the instant real estate listed in paragraph (1) of the attached list and the building listed in paragraph (3) of the attached list (hereinafter “instant building”) at the time of the conclusion of the instant sales contract, the registration of the branch court of the Daejeon District Court was as of December 22, 200 and the registration of the branch court of the Daejeon District Court was as of December 73504, 200, and the land listed in Paragraph (2) of the attached list (hereinafter “each of the instant lands listed in paragraphs (1) and (2) of the attached list”) stated in the attached list (hereinafter “each of the instant collective security rights”) and each of the instant lands was registered as of January 4, 2006.

2. Determination as to the claim on the principal lawsuit

A. The reasoning for the court’s determination of the primary claim is as to this part, and the following parts are excluded, and the part concerning the primary claim is identical to the part concerning “2. Judgment on the Plaintiff’s argument” from No. 4 to No. 12, No. 8 of the judgment of the first instance. As such, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Section 4, Section 10, etc. of the judgment of the court of first instance

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