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(영문) 서울고등법원 2017.07.18 2017나2001286
소유권이전등기
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. Appeal;

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the addition of the judgment on the new argument made at the court of first instance by the plaintiff, the reasoning of the judgment at the court of first instance is as stated in the reasoning of the judgment. Thus, this is cited by the main text of Article 420 of the Civil Procedure

2. Determination on new arguments in the trial

A. On May 2010, the plaintiff asserts that the main point of the plaintiff's argument is that D's primary and selective claims are revoked the business takeover contract of this case on the ground of D's deception. 2) Even though D's understanding that D's initial net assets were evaluated objectively and fairly at the time of determining 36 billion won, it did not inform the plaintiff of the result of appraisal by omission that D is dependent entirely on D, and led the plaintiff not aware of such circumstance to consent to the acquisition price under the contract for the business takeover of this case. This led the plaintiff to obtain a benefit of exempting the plaintiff from the duty to pay the acquisition price of 4,02,568,672 won. In light of the following circumstances, it is difficult to view that D's acquisition of the business was revoked on the ground of D's deception. 2) In light of the overall arguments stated in subparagraphs 2, 5, and 8, the plaintiff's assertion and evidence that it is difficult to recognize that the transferee's acquisition price of the property of this case was 602,07,0,07, and 6,06, etc.

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