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(영문) 대구지방법원 2019.11.20 2019나2849
토지매매계약 해제
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the parts which are dismissed or added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. On the second page of the judgment of the court of first instance, the part to be dismissed or added is deemed to have transferred the “transfer” under the 5th sentence.

The following shall be added to the 5th instance judgment below.

On December 23, 2016, the Plaintiff filed a lawsuit against the Defendant to “as the Defendant illegally occupied the instant land, the Defendant delivered the instant land to the Plaintiff, and removed the building installed on the said ground,” but was sentenced to a judgment against the Plaintiff on July 14, 2017 (Seoul District Court 2016DaDa41699). However, the Plaintiff appealed to the effect that “the Defendant did not perform his/her obligations under the sales contract in accordance with the decision on the recommendation for reconciliation, so he/she would cancel the said sales contract due to a cause attributable to the Defendant.” However, on July 11, 2018 (Seoul District Court 2017Na7413), the Plaintiff filed a new lawsuit against the Defendant on July 30, 2018 (hereinafter referred to as “the Plaintiff’s continued demand to pay the purchase price to the Defendant,” and the Plaintiff notified the Defendant of his/her revocation of the instant sales contract pursuant to Article 218 subparag. 21, 2018.

The following shall be added to the third instance following the first instance judgment:

With respect to this, the Defendant did not provide the documents necessary for the registration of transfer of ownership, etc., and asserts that the Defendant, while prior to the payment of the purchase price, requested the Plaintiff to inform the account and did not inform the Plaintiff of the fact that the Plaintiff did not notify the account. The third party of the judgment of the first instance is recognized.

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