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(영문) 광주고등법원 2019.07.26 2018나236
매매대금
Text

1. Of the judgment of the court of first instance, the part ordering a payment before remanding was finalized by the final appeal.

Reasons

1. Objects to be tried on the political party after remand;

A. 1) At the first instance trial, the Plaintiff sought payment of KRW 289,09,00 for the sale price to the Defendant due to the implementation of the procedure for the registration of ownership transfer to each of the instant commercial buildings against the Defendant and the simultaneous implementation of the procedure for the registration of ownership transfer to the Defendant, and the claim was partially accepted (the Plaintiff’s registration procedure for cancellation of ownership registration to the Plaintiff’s 1 and 2 shopping districts and payment of KRW 75,694,843 as the purchase price to the Defendant due to the simultaneous implementation of the procedure for the registration of cancellation of ownership transfer to each of the instant commercial buildings and the simultaneous implementation of the procedure for the registration of ownership transfer to the Plaintiff’s 1 and 2 shopping districts, and the Plaintiff’s claim was partly accepted.

(3) Of the part of the judgment of the Supreme Court in accordance with the Plaintiff’s appeal, the part that recognized the Defendant’s defense of 150,000,000 won was reversed and remanded. 4) After the remanding, the Plaintiff extended the purport of the claim in the trial after the remanding the case.

[Attachment to the part of the judgment of the court of first instance (84,650,915) and the part that was reversed and remanded by the judgment of the court of first instance (150,000,000 won) before remanding the above claim amount of KRW 234,650,915.

As seen above, as to the part of the Plaintiff’s claim which was reversed and remanded by the judgment of remanding the case, the remainder, excluding the part which recognized the defense of deduction of KRW 150,000,000, out of the part which was rejected by the judgment of remanding the case, was already separated by the judgment of remanding the case, which eventually became final and conclusive by the judgment of remanding the case, 1 and 2.

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