logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.04.05 2017나2075034
소유권이전등기말소
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 reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except as otherwise stated in paragraph (2), since it is the same as stated in the reasoning of the judgment of the court of first instance.

(In full view of the Defendant’s assertion and evidence submitted, the first instance judgment accepting the Plaintiff’s claim is reasonable). 2. Determination on the Defendant’s new assertion

A. The summary of the Defendant’s assertion 1) The Defendant is not a party to the first and second agreements, and it is not legitimate to cancel the sales contract against the Defendant. 2) The Plaintiff did not go through legitimate peremptory procedures prior to the cancellation of the sales contract.

Therefore, the cancellation is null and void.

3) At the same time, the Plaintiff is paid the purchase price in accordance with the first agreement, and at the same time, the Plaintiff is entitled to the land remaining four parcels except the land C (hereinafter referred to as “four parcels”).

(B) The procedures for the registration of transfer of ownership should be followed. It is unreasonable for the Plaintiff to cancel the instant secondary sales contract for the same reason as the cause of the instant claim. B) In this case, the Plaintiff sought to cancel the registration of transfer of ownership in the name of the Defendant with respect to land C, and the registration was made in accordance with the instant secondary sales contract, and the contractual party is the Defendant, and thus, it cannot be deemed that the cancellation of the instant secondary sales contract was erroneous on the ground of nonperformance of obligation against the Defendant.

(The defendant is also a party to the first agreement to pay the purchase price to the plaintiff jointly and severally with J. Therefore, the defendant's first argument cannot be accepted.

Although the Defendant asserts to the effect that the preparatory document submitted after the closing of argument in the court does not contain an expression of intent to cancel the contract in the written complaint of this case, as long as the Plaintiff claims in this case due to the cancellation of the contract, the written complaint of this case is cancelled.

arrow