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(영문) 서울중앙지방법원 2018.11.09 2017나83791
원상회복 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except where the following judgment is added following the 8th page of the judgment of the court of first instance. Thus, it is citing it as it is by the main sentence of

In the event that a purchaser has agreed to accept a collateral obligation for the subject matter of sale in lieu of the payment of the purchase price, the purchaser cannot interpret that the purchaser is practically obligated to pay the subject matter of sale and, barring any special circumstance, the purchaser fulfilled his/her obligation to pay the remainder after deducting the amount of the debt from the purchase price. However, barring any special circumstance, the purchaser shall be deemed to have fulfilled his/her obligation to pay the remainder: Provided, That the purchaser shall have the right to cancel the sale contract only when there is a special reason that can be deemed identical to the payment of the purchase price by delaying the performance of the obligation and by delaying the performance of the obligation. Thus, even if the purchaser did not pay the interest on the secured obligation acquired by the purchaser, if the auction procedure started or might commence through the exercise of the security right to real estate which is the subject matter of sale or other real estate provided as a joint security, and if the seller needs to pay the secured obligation in order to prevent this, the purchaser may not cancel the sale contract on the ground that the special agreement was made for a delay in the payment of the loan (see Supreme Court Decision 2028Da684, supra.27, supra.

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