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(영문) 서울고등법원 2018.05.30 2017나2002951
기타(금전)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. As to this part of the basic facts, this Court’s reasoning is the same as the part of “1. Basic Facts” in the reasoning of the judgment of the first instance except for partial dismissal as follows. Therefore, this Court’s reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The first instance court’s judgment No. 20 and the second sentence No. 21 are as follows: “On the other hand, on April 10, 2014, the Plaintiff purchased the right to sell the instant building No. 112 from L to KRW 70,000 (hereinafter “instant sales contract”).”

On April 11, 2014, the Plaintiff transferred KRW 117,764,594, the remainder after deducting KRW 20,000,000, which was paid in advance on April 4, 2014 from the said G account agreed with B on April 11, 2014, and KRW 275,529,188 from the first intermediate payment on June 17, 2014.

On the other hand, on April 11, 2014, the Plaintiff transferred KRW 70,000,000 in the name of the purchase price of the instant sales right to L account.

The first instance court's decision Nos. 4, 21, 5, and 4 are as follows: "After the completion of registration of preservation of ownership in the name of the building in this case, the registration of preservation of ownership was completed in the name of the building in this case, and the decision of compulsory commencement of auction was issued in duplicate with the Incheon District Court K, etc. from March 2, 2015, the application for auction was withdrawn on March 15, 201

On the other hand, the decision of compulsory auction was made with respect to the building of this case to the same court DZ, and the above auction procedure is currently in progress.

"Ero-friendly".

Part 5 through 17 of the judgment of the first instance court "(based on recognition)" is without dispute, and evidence Nos. 1 through 8, 10, 12, and 14 are included in each number; hereinafter the same shall apply.

Each entry and the purport of the whole pleading shall be "the purport of all pleadings".

2. The defendant and C are jointly and severally and severally liable to repay the sale price to the plaintiff, and the defendant are liable to perform the joint and severally guaranteed obligation to the plaintiff.

On the other hand, C is above.

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