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(영문) 서울고등법원 2015.10.07 2015나2016178
토지인도 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this part of the reasoning of the judgment of the court of first instance is as follows.

Port 2(2) through 13(3)(2).(5)

The main text of Paragraph 1 of Article 420 of the Civil Procedure Act is as follows, with the exception of adding "A evidence 1 to 4, Eul evidence 1 to 4, Eul evidence 4-1 to 4-2, and the result of a request for surveying and appraisal of appraiser H of the first instance court" to "a ground for recognition" at the end of Paragraph 1 of this Article, since the reasoning of the first instance judgment is the same as that of Paragraph 1 of Article 420 of the Civil Procedure Act, it shall be cited as it is in accordance with the main text of Article 420 of the Civil Procedure Act.

[Supplementary Use]

A. On November 16, 2009, the Plaintiffs entered into a sales contract with the Defendants a contract under which the Plaintiffs jointly owned (hereinafter “instant sales contract”) 6,726.5/29, Plaintiff B’s equity 29,982/6,726.5/3, Plaintiff C equity 29,529/16,529/3, out of 15,573 square meters of 15,223 square meters of 15,573 square meters of 15,573 square meters of 15,573 square meters of 15,573 square meters of 15,573 square meters of 15,573 square meters of all Plaintiff A and B equity, and Plaintiff C equity (hereinafter “instant land to be traded”) with the Defendants as follows (hereinafter “instant sales contract”).

- Sales amount: 8 billion won (the first down payment KRW 200 million on the date of the contract, the second down payment KRW 300 million on the date of November 24, 2009, the intermediate payment KRW 5 billion on March 15, 2010, and the remainder KRW 2.5 billion on April 30, 2010, respectively. If the second down payment is not paid by 16 days on the day of the payment, the first down payment belongs to the Plaintiffs and this contract becomes null and void) - Unless the Defendants perform the remainder, this contract shall be deemed to have been terminated due to the reasons attributable to the Defendants, and shall not be claimed for the return of the down payment already paid by the Defendants.

The Plaintiffs shall provide documents necessary to change authorization and permission at the time of request by the Defendants.

The Plaintiffs received KRW 20 million and KRW 300 million and KRW 500 million in total from the Defendants.

[....]

E. Current status of the land to be traded in this case.

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