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(영문) 대구지방법원 2018.08.22 2018나303613
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 reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the following '2. Additional Judgment' as to the argument that the defendant emphasizes or adds to the court of first instance, and thus, it is citing it as it is in accordance with the main sentence of Article 420

2. Additional determination

A. Defendant’s assertion 1) The Defendant asserts to the effect that the instant contract is null and void as an unfair juristic act, or is erroneous in the important part of the contract, or is revoked as it is by deception and coercion of the Plaintiff, or that a practicing licensed real estate agent cannot make a direct transaction with the client pursuant to Article 33 subparag. 6 of the Licensed Real Estate Agents Act; pursuant to Article 33 subparag. 4 of the same Act, a practicing licensed real estate agent violates the provision that he/she shall not make a direct transaction with the client; nor shall he/she make a direct transaction with the client due to false words or acts, etc.; or that the instant contract was rescinded by the Plaintiff due to the Plaintiff’s failure to perform its duty to pay the remainder of KRW 24

(2) The Defendant asserts that the instant contract was rescinded by the Plaintiff’s failure to perform its duty to pay KRW 36 million at the first intermediate payment payment date on July 30, 2014 pursuant to the sales contract concluded on June 26, 2013 between the Defendant and the Korea Land and Housing Corporation (hereinafter “instant sales contract”) and the second intermediate payment payment payment date on June 30, 2015.

(hereinafter referred to as “B.3”) The Defendant asserts that the instant contract was rescinded by exercising the right of rescission (hereinafter referred to as “B.3 note”) by paying to the Plaintiff the amount equal to the down payment under the instant contract and notifying the Plaintiff of the cancellation of the instant contract.

4) The Defendant’s market price of the apartment of this case is currently based on the present price. The time of the contract of this case is more than the time of the contract of this case.

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