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(영문) 대법원 2014.07.24 2013다73049
소유권이전등기
Text

The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. The judgment of the court below is as follows.

In other words, considering the fact that the Plaintiff and the Defendant did not seem to have reached the agreement on the purchase price of the instant apartment, the Plaintiff appeared as a witness on the relevant criminal trial date and stated that the Plaintiff did not agree with the Defendant on the time and method of payment of intermediate payment and the balance of the purchase price of the instant apartment, and that there was no discussion about the succession or acquisition of loans from financial institutions secured by the instant apartment, and that the Plaintiff did not receive or confirm the documents, etc. regarding the granting of the power to sell the instant apartment from C, the Plaintiff and the Defendant, who served in the licensed real estate agent office, who are the Defendant’s agent, even if having been employed, did not receive or confirm the documents, etc. regarding the granting

2. The above determination by the lower court is difficult to accept.

(1) For the formation of a contract, the agreement between the parties is required to be reached, but such agreement is not required with respect to all matters forming the content of the contract in question, and there is an agreement on the standards, methods, etc. which specifically and specifically agree or may specify the essential or important matters in the future.

On the other hand, the sales contract is established by mutual agreement between the parties on the transfer of the seller's property right and the buyer's payment of money in consideration of the transfer of the property right by one party to the other party and the other party's payment.

(2) According to the reasoning of the lower judgment and the record, the Plaintiff’s mother on March 9, 2010 owned the instant apartment building owned by the Defendant, a woman’s mother.

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