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(영문) 광주지방법원 2017.10.19 2017나56031
매매대금반환
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

(b).

Reasons

1. The reasoning of the court of first instance’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for the defendant’s assertion emphasized or added by the court of first instance as to this case’s assertion, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Additional determination

A. Defendant’s assertion 1) The obligation of the Defendant under each of the instant sales contracts was transferred to the Plaintiffs as stipulated under each of the instant sales contracts. The Defendant returned the instant officetel 718, 819, and 916 to the executor company, and the Defendant transferred the instant officetel 718, 819, and 916 to the Plaintiffs by allowing the Plaintiffs to conclude the instant officetel 718, 819, and 916. Thus, the Defendant fulfilled all the obligation under each of the sales contracts. Accordingly, even if the Plaintiffs failed to receive the delivery and the transfer of ownership under the instant officetel 718, 819, and 916, it is merely a failure to execute the sales contract for the instant event, and thus, the Plaintiffs’ purchaser’ purchase of the instant officetel 9718,196, and 916, the Plaintiff’s negligence was lower than the Defendant’s market price through prior reply to gain profit at the market price.

Therefore, the plaintiffs cannot be held liable for warranty against the defendant.

3) As in the instant case, if there is a defect in the state of right, not where there is a defect in the material nature of the right of sale, which is the object of sale, as in the absence of a defect, it cannot be deemed that there is a defect in the object of sale, and thus, it cannot be deemed that there is a defect in the object of sale.

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