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(영문) 서울고등법원 2015.10.29 2014나2033558 (1)
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court’s explanation on this part of the facts are as follows: ① “D and the Defendant” in paragraph (1) of the third party of the judgment of the court of first instance shall be deemed to be “D” and ② “the Plaintiff changed the planning process schedule to the effect that the scheduled date for the use of the building of this case shall be January 31, 2013 and notified the Defendant thereof,” and ② “The Defendant requested the Plaintiff to change the planning process schedule for the building of this case on June 19, 2012, and the Plaintiff notified the Defendant of the scheduled date for the use of the building of this case on January 31, 2012; ③ the Plaintiff changed the planning process schedule to the effect that the scheduled date for the use of the building of this case shall be deemed to be “D and the Plaintiff,” and ③ the Plaintiff shall write it in accordance with the main sentence of Article 5 subparag. 9 of the judgment of the court of first instance as “No. 5 of the Civil Procedure Act” and “No. 2 of this case’s. 5 of the waiver” (hereinafter).

2. The parties' assertion

A. The Plaintiff’s assertion is obligated to implement the procedure for the registration of ownership transfer of the instant building in accordance with the instant transfer agreement, on the basis of the Defendant’s waiver of business and objective circumstances, etc. under the instant transfer agreement, on the basis of the instant transfer agreement.

B. The rejection of the instant refusal by the Defendant constitutes an unfair legal act or an expression of intent, and thus, is null and void, or is void as an expression of intent by duress or mistake, and thus void.

The defendant did not waive the project of this case, and completed the building of this case sufficiently with the defendant's efforts in light of the progress rate and sale rate of the building of this case.

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