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(영문) 대법원 2010. 10. 14. 선고 2010두13227 판결
매매목적물에 주택이 포함되어 있다고 봄이 타당함[국승]
Case Number of the immediately preceding lawsuit

Daegu High Court 2009Nu2505 (No. 11, 2010)

Case Number of the previous trial

early 209Gu0297 (2009.04.08)

Title

It is reasonable to view that housing is included in the object of sale.

Summary

In the contract, only the land is included in the sale subject matter but only the land is written in the remarks column, and it is a case where a house is extremely worn out in the sale of housing and land, and only the land is not sold even though three years have not passed since it was newly constructed. Thus, it is reasonable to view that the land is included in the sale subject matter.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition

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