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(영문) 서울고등법원 2011.07.21 2010나96616
매매대금반환 등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant (Appointed Party) and Appointed G Co., Ltd.

Reasons

1. The reasons why this Court shall explain concerning this decision are as follows: 2. Reasons why the following defendant's assertion and its decision are based on the court of first instance.

C. 1 Added to the end of the Defendant’s failure to fulfill the conditions prior to the completion of the sale and purchase, and 2.

C. 3) In addition to re-determination of the part below as follows, the peremptory notice of performance and termination of contract, and the part below is legitimate and acceptable, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the corresponding part of the judgment of the court of first instance. The part additionally determined (2.

C.1) In addition, the Defendant’s obligation to perform prior terms and conditions of the purchase and sale completion agreement at the end of the day prior to the completion of the purchase and sale agreement of this case is interpreted to be limited to the following: (a) the seller’s obligation to transfer ownership registration and the obligation to deliver ownership should be prior to the completion of the purchase and sale agreement of this case; and (b) the seller’s obligation to perform prior to the completion of the sale agreement of this case is unreasonable; and (c) the seller’s obligation to perform prior to the completion of the sale agreement of this case should provide the buyer with the original or copy of the documents proving the full payment of all taxes, public charges, etc. by the completion of the purchase and sale agreement of this case; and (d) Article 8(7) provides that the seller shall remove all restrictions or burdens on the real estate of this case until the completion of the sale and sale agreement of this case; and therefore, (e) the seller’s obligation to remove seizure and provisional seizure

Article 4(1) of the sales contract of this case provides that the buyer shall pay the balance to the seller simultaneously with the receipt of the documents under Article 4(3) from the seller when the seller fulfills the conditions prior to the sale under Article 6.

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