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(영문) 서울고등법원 2020.06.05 2019나2035498
양수금
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. In this case, where the Plaintiff cited the judgment of the court of first instance, which basically gives the same argument as the judgment of the court of first instance, this court cited the reasoning of the judgment of the court of first instance as it is stated in the reasoning of the judgment of the court of first instance, except for the addition or deletion as follows.

The three pages of the judgment of the first instance court [based on recognition] "(including the number of pages)" shall be "(including each number; hereinafter the same shall apply).

(1) by inserting ".........."

2. Each entry of two lines at the fifth bottom of the judgment of the court of first instance shall be written "each entry of Eul and 9" with "each entry of Gap Nos. 7, 11, 12, 15, and Eul Nos. 8 through 21, and 33."

The 7th sentence of the first instance court's 7th sentence "the appraisal was made," and the 950 million won, which is entered in the sales price under the sales contract of this case, was set at approximately 265 million won or higher than the above appraised value without reasonable grounds."

The 7th of the judgment of the court of the first instance shall be referred to as "damage caused by a disaster" as follows:

AFFD completed the registration of ownership transfer on April 8, 2015 with respect to each of the instant lands to the Defendant based on the instant sales contract. However, no evidence was submitted to acknowledge that the Defendant paid money to D or C as the purchase price of the instant sales contract, except the money recognized in the following paragraphs.

Unless there is any special agreement to grant a buyer the registration of ownership transfer on the object of sale prior to the payment of the remainder, it constitutes a case where a real estate sales contract is concluded with the purport of making a registration of ownership transfer by repaying the remainder payment with respect to any real estate, and the registration of ownership transfer is completed in the buyer’s name on the object of sale, barring special circumstances.

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