(영문) 부산고등법원 2018.06.27 2017나59133

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(영문) 부산고등법원 2018.06.27 2017나59133

소유권이전등기

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1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. The reasoning for the court’s explanation of this case is as follows. The defendant’s argument emphasized or added by this court is as follows, except for the following three additional judgments, and this Court’s reasoning is the same as the ground for the judgment of the first instance. Thus, this Court’s explanation is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The dismissal of the part of the judgment of the first instance is based on the following facts: “The fact that the instant agreement was concluded during the period of transferring the ownership of the fourth household to transfer the ownership of the fourth household” from No. 9 to No. 10 of the judgment of the first instance.

Part 3 of the judgment of the first instance court, the phrase "for the reason of the above payment agreement" is deemed to be "for the reason of the agreement in this case."

From the fourth to fifteenth of the judgment of the court of first instance, the agreement of this case was concluded between the defendant and the plaintiff in the following circumstances: "The remaining amount shall be determined as KRW 650 million when entering into the sales contract of this case between the plaintiff and the plaintiff; the defendant transferred the ownership of the apartment constructed; the apartment shall be the 8th and the 9th floor of the building of this case; the apartment shall be the 35 million unit of the 35th floor of the building of this case; the sale price shall be the 5.5 million unit of the building of this case; and the difference shall be adjusted after calculating the amount on an individual date; in light of the following circumstances, the agreement of this case shall be deemed to exist when the payment of the remaining amount of the sales contract of this case was made in lieu of the performance of the contract of this case; and it shall not be deemed to have been agreed that the payment of the remaining amount of the apartment shall be deemed to have been made in lieu of the agreement on the payment of the remaining amount of the apartment of this case."

Part 4 of the judgment of the first instance shall be 16 to 20.

참조조문

-민사소송법 제420조

유사 판례

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