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(영문) 서울고등법원 2014.11.21 2014나6352
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for the Defendant’s determination as to the matters alleged in the first instance judgment as stated in the following 2. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that, at least as to the instant real estate, which is part of the subject real estate of the instant sales contract, the condition for rescission was fulfilled. As such, the Defendant asserts that the Defendant is obligated to pay to the Plaintiff KRW 150,000,000 calculated by deducting the unpaid balance amount of KRW 477,00,000,000, which the Defendant agreed to pay to C according to the settlement following the fulfillment of the condition for rescission between the Defendant and C as a result of the fulfillment of the contract.

However, as seen earlier, the evidence submitted by the Plaintiff alone is insufficient to recognize that the instant sales contract was concluded on the condition of rescission asserted by the Plaintiff. Rather, according to each of the above evidence, the conclusion of the instant real estate transfer registration to K and two other parties is merely deemed to have been completed as the execution of the instant sales contract.

Therefore, the plaintiff's above assertion that the contract of this case is a condition for cancellation or is premised on cancellation is without merit.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just and it is so decided as per Disposition.

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