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(영문) 서울고등법원 2020.04.23 2019나2042816
기타(금전)
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning the instant case is as follows, and the reasoning of the court’s explanation is as stated in the part of the Defendants in the reasoning of the first instance judgment, except for the addition of the court’s decision as to the Plaintiff’s assertion as the grounds for appeal under paragraph (2). Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure

Defendant B and C Co., Ltd. (hereinafter collectively referred to as “Defendant project undertakers”) shall be used as “the Defendants,” and each “Defendant project undertaker” shall be used as “the Defendants,” and all “the Defendant project undertaker”.

The "Defendant D Association" in the second and third parallels in the judgment of the court of first instance shall be used as "Co-Defendant D Association of the court of first instance", and each "Defendant D Association" shall be incorporated into "Co-Defendant D Association of the court of first instance".

The 3th half to 5th half of the judgment of the first instance shall be deleted.

The 5th half to 7th half of the judgment of the first instance shall be "3. Judgment", and the 6th half shall be "4. Conclusion".

The 6th judgment of the first instance court is to delete 7 to 4th sentence.

2. The abbreviation of this court’s additional judgment is based on the judgment of the court of first instance.

A. Even if the Plaintiff’s assertion that was added by this court, even if the cancellation of the instant sales contract based on the Defendants’ deception is not recognized, the Defendants unilaterally cancelled or cancelled the instant sales contract and completed the registration of ownership transfer by disposing of the instant apartment F to a third party, thereby ultimately making it impossible to perform the Defendants’ obligation to transfer ownership to the Plaintiff.

The plaintiff cancelled the sales contract of this case on April 1, 2020 for the reasons that the above execution is impossible. The defendants cancelled the sales contract of this case on the grounds that the plaintiff's delivery of the legal brief on April 1, 2020, and the total amount of KRW 11,000,000 (the sales contract amount of KRW 10,000,000 for balcony extension contract) and the amount already received as restitution to the plaintiff following the cancellation of the sales contract of this case.

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