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(영문) 서울고등법원 2018.01.17 2017나2013081
매매계약무효확인 등 청구의 소
Text

1. All appeals against the Defendant (Counterclaim Plaintiff) and appeals against the primary counterclaim are dismissed.

2...

Reasons

1. The court of first instance rendered a judgment dismissing a claim for confirmation of non-existence of the obligation of ownership transfer registration among the principal lawsuit, and only the defendant appealed against this, the scope of the judgment of this court concerning the principal lawsuit is limited to the claim for confirmation of non-existence of the obligation of ownership transfer registration.

In addition, the court of first instance dismissed the claim for the main counterclaim and rendered a judgment that partly accepted the claim for the main counterclaim, and appealed against the part against the defendant for the main preliminary counterclaim, and the plaintiffs also filed an incidental appeal against the main preliminary counterclaim, and all the defendant's primary preliminary counterclaims are included in the trial scope of this Court.

2. Facts of recognition;

A. Plaintiff D, E, I, and J (hereinafter “Plaintiff D, etc.”) are each land listed in the separate sheet Nos. 1, 2, and 3 of the annexed sheet Nos. 1, 2, and 3 as indicated in the annexed sheet Nos. 1, as followed, and the land was divided on October 14, 2014.

In this case, since the process of subdivision, etc. of the above land is not particularly problematic, it shall not be distinguished before and after the division for the convenience of discussion, and it shall be stated only in each land listed in attached Table 1, 2, and 3.

Each of 1/4 shares was owned by the Plaintiff, and the Plaintiff D is divided into each of the lands listed in attached Table 2-A, and each of the lands listed in B-B in attached Table 2-A, each of which was subsequent to the sales contract and the decision of recommending reconciliation.

(hereinafter referred to as "instant land" in attached Tables 1 and 2 was owned independently.

B. On April 11, 2006, K, L, M, and N (hereinafter “K”) entered into a sales contract with Plaintiff D, etc. to purchase KRW 870 million for the purchase of KRW 290 million for the land including the instant land (hereinafter “original sales contract”) and KRW 400 million for the down payment and intermediate payment to Plaintiff D, etc.

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