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(영문) 서울고등법원 2019.05.03 2019나2004319
매매대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance, except for adding a judgment similar to that of paragraph (2). Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that the Plaintiff is the Plaintiff and the Defendant, contrary to the allegations in the first instance trial, and the parties to the sales contract for the instant land are both the Plaintiff and the Defendant, and that, as the broker of the sales contract, the Defendant is obligated to pay the remainder of the sales price remaining after the remainder of the sales price extinguished due to B’s payment, together with B, as the buyer, and the delay damages therefrom from January 13, 2017.

According to the purport of the entire pleadings, the Plaintiff asserted in the first instance trial that “the Plaintiff sold the instant land to B according to the proposal of B around November 10, 2015, but the ownership transfer registration was made in the name of the Defendant, his wife,” and that the Defendant and B acknowledged it.

Accordingly, the first instance court determined that the Plaintiff’s sale of the instant land to B around November 10, 2015, deemed a confession, and that the Plaintiff is obligated to pay the purchase price as the purchaser of the instant land to B, and that it is insufficient to view that the Defendant was jointly and severally related to the payment of the purchase price with B.

The plaintiff's new assertion is factually seeking revocation of the above part of the confession in court, and it should be recognized that the confession is against the truth and based on mistake. Since each statement of evidence Nos. 4 through 6 is insufficient to recognize it, the plaintiff's assertion cannot be accepted.

3. The plaintiff's claim against the defendant should be dismissed as it is without merit. Since the part against the defendant in the judgment of the court of first instance against the defendant is just in conclusion, the plaintiff's appeal is dismissed.

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