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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. In the first instance court, the plaintiff asserted that the cancellation of the sale contract on the real estate listed in the annexed sheet No. 1 was performed at the same time with the registration procedure for cancellation of the sale contract on the real estate as stated in the annexed sheet No. 2, which was completed for the above real estate, and ① the sale price paid by the plaintiff according to the above sale contract and the legal interest after the payment date for the sale contract, ② as compensation for damages, the cost of acquisition tax, etc. paid in the above sale contract after the above sale contract was completed, and ② the court of first instance accepted the plaintiff's above claim and the above claim No. 1 and the above claim No. 2-(i) with the execution and redemption of the registration procedure for cancellation,
Since only the defendant appealed on the part against which he lost (part of the plaintiff's winning part), the above part of the claim 2- (ii) shall be excluded within the scope of the adjudication of this Court.
2. The reasoning of the judgment of the court of first instance citing this case is as follows. The reasoning of the judgment of the court of first instance citing this case is partially modified as stated in paragraph (3) below, and the reasoning of the judgment of the court of first instance citing this case is identical to that of the judgment of the court of first instance, except for adding the judgment of the Defendant’s new argument at the court of
3. Each “Plaintiff” in the 6, 7th sentence from the next box of the 3rd letter box shall be raised to each “Defendant”.
Part 4, "Nos. 1 through 2" in Part 7 shall be raised as "No. 1, 2, and 6".
On the other hand, it is reasonable to view that the owner of the building agrees to allow the buyer of the shop or the transferee of the position of the buyer of the shop or the lessee of the shop to perform the duty of restrictions on the type of business agreed implicitly in the sales contract in relation to the shop occupants, unless there are special circumstances.