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(영문) 서울고등법원 2018.05.11 2017나2075539
소유권이전등기
Text

1. The plaintiffs' appeal and the preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

The decision of the court of first instance is the same as that of the decision of the court of first instance, except for the revision as stated in the following paragraph and addition of the decision in the trial as stated in paragraph (2).

B. 1) From the fourth end of the judgment of the first instance court, the term “as of November 6, 2015,” “as of November 5, 2015,” in the fifth sentence of the judgment of the first instance, “403 (Merger)” was added to “as of November 5, 2015, the two-year sentence of suspension of execution was imposed on January 17, 2018 when the case was pending,” and both parties appealed as of January 17, 2018.

3) According to the first instance court's decision No. 5, 16 of the first instance court's decision, the "sale price" is deemed to be "sale price". (4) If the first instance court's decision deleted 1 through 7 of the first instance court's 8, the same side's 8's 8' '3' is deemed to be "(2)."

5. Article 17 of the first instance court's 8th trial decision is being held as follows: "The purport of the whole pleadings is to be seen as the purport of the first instance court's 9th trial's 17th trial case's 8th trial case's 17th trial case's 17th trial case's 20th trial case's 3 through 6, and Gap's 29."

2. Additional matters to be determined;

A. As examined in the above cited part of the judgment on the grounds of appeal, it is reasonable to deem that the contract of this case was terminated by agreement. The plaintiffs' assertion on the grounds of appeal to the effect that the part of No. 2-1 of the evidence No. 2 pointing out by the plaintiffs is insufficient to reverse the recognition or judgment of facts in this part related to the above cited part, and there is no other counter-proof, and thus,

B. As seen in the foregoing cited part of the determination on the instant conjunctive claim, the remainder of KRW 650 million under the instant secondary contract shall be paid in two installments, and the remainder of the first contract shall be KRW 400 million until March 27, 2017.

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