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(영문) 서울고등법원 2016.10.21 2016나2020570
매매대금반환
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. This part of the judgment of this court is accepted by the main sentence of Article 420 of the Civil Procedure Act, on the ground that this part of the judgment of the court of first instance is identical to the corresponding part of the judgment, except in the following cases:

Part 3, 13, and 14 shall be advanced as follows:

A person shall be appointed.

F. On August 29, 2007, the Defendant entered into a sales contract with D to sell each of the instant lands in KRW 250 million. While the Defendant was not paid KRW 70 million, the Defendant did not register ownership transfer of D due to legal disputes between the Plaintiff and the Defendant with the status of being paid KRW 100 million. Ultimately, the Defendant and D agreed to deduct the interest of KRW 100 million paid around September 5, 201 from KRW 150,000,000,000,000 for remaining payment.

D At the same time, D received payment of KRW 70 million from the Plaintiff (D) with respect to each of the instant lands from the Defendant as the head of Suwon District Court Branch Branch of 2011Da35890, and D filed a lawsuit against the Plaintiff (D) for the registration of ownership transfer on November 30, 201, and obtained the Plaintiff winning the judgment (a non-litigation suit) on November 30, 201, and the said judgment became final and conclusive around that time.

According to the above judgment, the registration of transfer of ownership was completed on December 28, 201 with respect to each of the land of this case.

'.' [The entry "A on the basis of recognition, including the number of No. 1] shall be added.

2. This part of the judgment of the court concerning the duty to restore the original status following the cancellation of a sales contract is identical to the entry of the fourth to fourth to nine parts in the third part of the judgment of the court of first instance. Thus, this part of the judgment is acceptable pursuant to the main sentence of Article 420

The plaintiff is selected, and since the obligation to transfer ownership on each of the land of this case is impossible according to the sales contract of this case, the plaintiff is due to the default of obligation against the defendant.

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