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(영문) 서울고등법원 2015.10.08 2015나2032224
소유권이전등기
Text

1. The portion for delay of KRW 200,000,000, out of the amount ordered to be paid at the trial before remand.

Reasons

1. The first instance court rendered a judgment dismissing the Plaintiff’s claim. The first instance court rendered a judgment dismissing the Plaintiff’s claim, and the first instance court rendered a judgment prior to remanding that “The part against the Plaintiff ordering payment under the following among the judgment of the first instance shall be revoked. The Defendant shall pay to the Plaintiff 5% per annum from May 2, 2013 to January 8, 2015, and the amount equivalent to 20% per annum from the next day to the day of complete payment. The remainder of the Plaintiff’s appeal shall be dismissed.” The Supreme Court reversed the judgment of the Seoul High Court that “The part against the Defendant regarding delay damages of KRW 200,000,000 from May 2, 2013 to January 8, 2015 to the day of full payment, and the remaining part of the appeal in this case shall be reversed and remanded to the Seoul High Court.”

Therefore, since the remaining part of the claim in the trial before remand except the part against the defendant as to the above damages for delay is already finalized by the judgment of remand, the scope of the trial at this court is limited to 5% per annum from May 2, 2013 to January 8, 2015, and 20% per annum from the next day to the date of complete repayment (However, the plaintiff's claim as to the cause of the claim and the grounds for the defendant's claim as to convenience are stated). 2.

A. On April 20, 2007, the Defendant entered into a sales contract and received road payments. On April 20, 2007, the Defendant: (a) specified the location of 1,322 square meters of the south part of the F 2,248 square meters and the south part of the F 2,322 square meters and owned by the Plaintiff; and (b) sold in KRW 200,000,000 to the Plaintiff; (c) specified part of the F, G, and E land owned by the Defendant for the purpose of selling to pass a public road on the land for the purpose of selling to a public road, with the construction of a road and the location of the road specified by drawing.

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