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(영문) 의정부지방법원 2019.09.24 2019나203942
채무부존재확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following additional determination as to the allegations added by the plaintiff at the court of first instance. Thus, this shall be cited as it is in accordance with the main sentence of

2. Additional determination

A. It is difficult to view the Plaintiff’s assertion that the subject matter of sale was specified in the instant sales contract, and since the contract was not concluded because it constitutes a defect in the contract, there is no obligation to transfer the Plaintiff’s ownership to the Defendant for the land subject to purchase.

B. The judgment becomes effective when one of the parties agrees to transfer the property right to the other party and the other party agrees to pay the price. Thus, the sales contract is formed by an agreement between the two parties on the transfer of the property right by the seller and the payment of the price by the buyer. In such a case, the subject matter and the price of the sale are not necessarily required to be specified at the time of the conclusion of the contract, and it is sufficient that the method and

(See Supreme Court Decision 92Da4947 delivered on June 8, 1993). According to the records in Gap evidence No. 2, the deceased F and the defendant stated in the sales contract of this case as "the location: Namyang City I, H, "use: Road site", and "area: 60 square meters" as the indication of real estate for sale and purchase purpose in the sales contract of this case; the purchase price shall be calculated as KRW 700,000 per square year; the sale price shall be calculated as KRW 42,00,000 per square year; as a special agreement, "1. The horizontal number that was increased or decreased after the actual measurement into the road site at the bottom of the above cadastral map of this case shall be the settlement key at the time of balance;

2. Any balance shall be paid for the plane of the access road on which the survey is conducted;

A witness G of the first instance court is recognized. On the other hand, the Defendant’s portion of the land to be purchased.

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