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(영문) 서울고등법원 2018.10.25 2018나2033594
소유권이전등기
Text

1. The plaintiff and the conjunctive defendant C's appeal are all dismissed.

2. The costs of appeal between the Plaintiff and the primary Defendant B.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for modification and addition as follows.

[In full view of both the Plaintiff and Defendant C’s assertion and the evidence submitted by the court, it is reasonable to make the first instance judgment (the Plaintiff did not have any specific assertion as to which part of the first instance judgment was erroneous).

[] Following the third page 10 of the judgment of the first instance, “The Defendant C has completed the registration of ownership transfer based on the above sales contract with the Defendant B on March 31, 2016.”

On the 6th page of the first instance judgment, “the Plaintiff” in the third instance judgment shall be amended to “Defendant C” to “the Plaintiff.”

In the second instance judgment, the Plaintiff’s claim for the performance of the obligation is unlawful on the following grounds: “The Defendant C did not confirm the Plaintiff’s text message and did not specify the amount of the unpaid purchase price.” However, it is difficult to deem that the Defendant C did not confirm the instant text message sent by the Plaintiff, and even if not specifying the amount of the unpaid purchase price, it is difficult to deem the Plaintiff’s claim for the performance of obligation as unlawful solely on the ground that the Plaintiff’s claim for performance was not unlawful (the claim for performance of obligation can be seen to the effect that the Plaintiff sought the payment of the purchase price unpaid until the time, and the claim for performance of obligation is KRW 125 million from the purchase price of KRW 125 million.

subsection (1) of this section may be deemed to be a claim for payment after deducting the amount

In the instant lawsuit, the Plaintiff filed a claim against Defendant C for the payment of the amount equivalent to the market price appraised as of the date of concluding the sales contract between the Defendants on the instant real estate (=218,364,270 won) and the damages for delay thereof (=218,364,270 won) on the sole basis of the fact that the Plaintiff filed a claim against Defendant C for the payment of the said amount.

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