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(영문) 부산지방법원 2018.06.28 2016나52101
소유권이전등기 등
Text

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

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is as follows: (a) using “Defendant B” in the grounds of the judgment of the court of first instance as “the network B”; and (b) adding the following contents and judgments as stated in the grounds of the judgment of the court of first instance; and (c) cite it as it is in accordance with

Part 4 of the decision of the first instance court, the following additions shall be made:

H. Meanwhile, Defendant H and I inherited their property on February 23, 2018.

2. Additional determination as to the Plaintiff’s assertion

A. The Plaintiff’s transfer of the buyer’s status under the instant sales contract requires the seller’s consent or consent to the transfer of the buyer’s status under the instant sales contract between E and the deceased B, and the deceased B consented thereto.

Inasmuch as there is no or consent to it, the Plaintiff asserts that the status of purchaser under the instant sales contract cannot be deemed as having been transferred.

In order to exercise the right of rescission according to the instant sales contract, the Plaintiff deposited the amount of the down payment as the principal deposit and expressed his intent to cancel the instant sales contract to the Plaintiff on the premise that the Plaintiff is the buyer under the instant sales contract. In addition, according to the above findings, it is reasonable to deem that the Plaintiff consented or consented to the transfer of the status of the buyer under the instant sales contract. Thus, the Plaintiff’s assertion is without merit.

B. The Plaintiff asserts that: (a) as at March 8, 2016, the Plaintiff asserted that: (b) the Plaintiff deposited the cancellation money to the Plaintiff; and (c) was in a state of intended business capacity by being hospitalized at the hospital as of March 8, 2016 when the Plaintiff expressed his/her intent to cancel the instant sales contract; (b) the Plaintiff asserted that the payment of the cancellation money to the Plaintiff on March 8, 2016 and the expression of intent to cancel the instant sales contract was invalid.

capacity means the meaning or result of its act;

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