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(영문) 서울고등법원 2019.07.12 2018나2075239
소유권이전등기
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiffs' defendants (appointed parties) and remaining parties.

Reasons

1. The reasoning of the judgment of the court of first instance cited the instant case is as follows, and the reasoning of the judgment of the court of first instance, except for the determination of the allegations added in the appellate court as set forth in the following paragraph (3), shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. We add “The results of fact-finding with respect to the head of wife at the time of tolerance of the first instance court” to the part “(based on recognition) No. 11 of the judgment of the first instance. 5.”

The 22th to 23th of the first instance judgment shall be followed by the following parts:

“A) Each of the instant sales contracts was terminated and invalidated due to the non-payment of the purchase and sale price of the Plaintiff A and B. (1) The Plaintiffs agreed to succeed to the collateral obligation of the seller E in lieu of partial payment of the purchase and sale price of each of the instant sales contracts. Of these, Plaintiff A paid a total of KRW 300 million, and succeeded to the remainder of KRW 100 million, but did not pay the remainder of KRW 150 million, and Plaintiff B succeeded to the remainder of KRW 100 million, but did not pay the remainder of KRW 100 million. In the instant agreement on August 18, 2015, the Plaintiffs and E did not pay the remainder of KRW 200 million.2 billion (=10 million, KRW 100 million, KRW 1000,000,000,000,0000,0000,0000,000 won, and the remaining part payment of KRW 100,16,015.

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