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(영문) 서울고등법원 2018.01.10 2017나2021143
소유권이전등기등
Text

1. Defendant, among the parts concerning the conjunctive claim in the judgment of the court of first instance, exceeding the following payment order.

Reasons

1. In the first instance court, the Plaintiff sought the implementation of the procedure for the registration of transfer of ownership based on the purchase and sale contract for the real estate listed in the separate sheet, and sought the return of the purchase and sale price for the preliminary restitution for the cancellation of the above sale and purchase contract. The first instance court dismissed the primary claim and partly accepted the preliminary claim.

As the defendant appealed, the object of this Court's trial is limited to the preliminary claim.

2. Facts of recognition;

A. On June 1, 2014, C, the spouse of the Plaintiff, entered into an agreement on consignment operation with the Defendant on the following terms with respect to real estate listed in the attached list owned by the Defendant (hereinafter “the instant telecom”): From June 1, 2014 to May 31, 2015; in the absence of a separate agreement, the automatic extension long-term dividends: C may terminate the contract at the time of late payment of dividends to the Defendant for profit payment at the end of each month, on at least 50,000 won (including July 1, 200, KRW 17,000,000): In the event of late payment of dividends for profit payment at the end of each month, C had an operation of the instant telecom (including expenses incurred by the Defendant, the bank, the property tax, and the building itself) with the need for C, and operated the instant telecom from around that time.

o Sales Price: KRW 630 million in down payment of KRW 100 million in the remainder of KRW 530 million in the event of a contract, if the seller or purchaser of Article 7 (Non-performance of Obligations and Compensation for Damages) on December 30, 2014 fails to perform the terms and conditions of this contract, the other party may notify in writing the person who has failed to perform the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

o Matters of special agreement

3. 532,800,000 won for the entire certificate of registered matters.

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