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(영문) 서울고등법원 2017.07.19 2016나2062581
매매대금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the evidence submitted in the court of first instance is not presented in the court of first instance, and each evidence submitted in this court is admitted as legitimate.

Therefore, the reasoning of the judgment of this court is that the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the modification of the part of the judgment of the court of first instance regarding “3. The defendant’s argument” (Articles 3, 7, and 4, 7) among the grounds of the judgment of the court of first instance as stated in the following paragraph (2). Thus

2. The amendment part 3. Judgment on the defendant's argument

A. (i) As to the allegation of offset, the Plaintiff purchased 102 and 205 from the Defendant’s wife and the mother’s mother on the instant commercial building (hereinafter “instant commercial building”) and completed the registration of ownership transfer as to the instant commercial building 102 and 205 in the name of the Plaintiff’s children, and did not pay the Defendant’s wife and the mother KRW 90,000,000,000 from the purchase price under 102 and 205.

Accordingly, the Defendant’s wife and the mother have against the Plaintiff the claim of KRW 90,00,00 for the purchase price of KRW 102,205 for the instant commercial building. Since the Defendant’s wife and the mother transferred the above claim against the Plaintiff to the Defendant and completed the assignment of the claim, the Defendant has the claim for the purchase price of KRW 102,205 for the instant commercial building against the Plaintiff.

Therefore, the Defendant set off the Plaintiff’s claim against the Defendant with the claim of KRW 90,00,000 against the Plaintiff for the purchase price of KRW 102,205.

According to the evidence No. 3-2 and No. 3 of the Plaintiff’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s 102

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