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(영문) 서울고등법원 2019.07.02 2018나2064567
소유권이전등기
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance, citing the reasoning of the judgment, is the same as that of the judgment of the court of first instance, except for the following “the amended portion of 2.0” and “3.0 additional decision,” and thus, citing this by the main

2. The revised portion of the judgment of the court of first instance shall be amended from 15 to 3 pages 2 to 3 as follows:

“A. On September 13, 2016, the real estate indicated in the attached list (hereinafter “instant land”) is the real estate in the presence of five persons, including the names of the three villages of Plaintiff A, H, the Defendant, and the Defendant, I and I’s husband’s names, etc. (hereinafter “instant land”).

) The sales contract for the instant sales contract (hereinafter “instant sales contract”).

A) The sales contract was concluded. The sales contract provides that the purchase price shall be KRW 750 million, and the down payment shall be KRW 40 million, which shall be KRW 710,00,000,000,000,000,000 for the remainder of the contract and shall be paid until December 31, 2016, and the loan shall be settled at the time of payment of the balance. In addition, the sales contract provides that “the seller shall receive the balance of the purchase price from the buyer, deliver all documents necessary for the registration of the transfer of ownership, deliver all documents necessary for the registration of the transfer of ownership, and cooperate with the registration of the transfer, and deliver the said real estate on December 31, 2016” (Article 2), “the seller shall transfer the said real estate to the buyer by removing the defect and burden of the right until the balance is received, unless there is any reason to restrict the exercise of ownership, such as superficies, superficies, and chonsegwon, or any unpaid amount of other charges.

Meanwhile, in the above sales contract in writing, the phrase "40 million won in the contract deposit is written in writing, and the phrase "the seller's name and seal is affixed to the seller's column, and the seal affixed to A's name and seal is affixed to the buyer's column and one other in the buyer's column.

However, the plaintiff A, who was issued to the defendant on the same day.

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