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(영문) 서울고등법원 2015.04.15 2014나2040075
소유권이전등기 말소
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 court's explanation on this part of the basic facts is identical to the corresponding part, and thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, in addition to the fact that the witness E in Chapter 3 among the descriptions in the "1. Basic Facts" for the reasons of the judgment of the court of first instance is applied to the witness E in the trial of first instance (hereinafter " witness E").

2. Defendant D asserts that the instant lawsuit filed by Plaintiff B is unlawful, since the content of the column for the content of the special agreement on the second exchange contract of this case falls under the non-special agreement on the lawsuit.

In the column for the contents of the second exchange contract of this case, the phrase "if the plaintiff and the defendant confirmed the object of exchange and concluded a contract after sufficiently reviewing the contract, no objection is raised to the value of the object of exchange after the second exchange, and no civil or criminal liability is charged." However, this is interpreted to mean that the current state of real estate, current status, ownership relation, value, etc. which can be verified through on-site visits and perusal of the copy of the register, etc. are not a civil or criminal objection, but it is difficult to conclude that the lawsuit of this case is an agreement not to raise any objection as to any matter that can be a ground for cancellation. As seen later, the lawsuit of this case is not confirmed at the time of the second exchange contract of this case, or is seeking cancellation or cancellation of ownership transfer registration due to invalidation or cancellation in relation to the issue that occurred during the course of performing the exchange contract of this case. Thus, the above argument of defendant D's above is without merit.

3. The plaintiffs' assertion in this part is that the court shall cancel the above exchange contract, and the above exchange contract shall not be incorporated into the terms of the first and second exchange contract of this case, 4.

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