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(영문) 서울고등법원 2019.06.18 2018나2013682
소유권이전등기
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is paid KRW 13,477,187,194 from the plaintiff.

Reasons

1. The reasoning for this part of the factual basis is as stated in Paragraph 1 of the reasoning of the first instance judgment, except for partial revision as follows. Thus, this part of the reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

In the third third place of the judgment of the first instance, “each real estate of this case” shall be added to “ around August 20, 2010” in front of “each real estate of this case.”

The appraisal expenses under paragraph (3) shall be paid by the plaintiff in full under the third 19th sentence of the judgment of the first instance.

The fourth twenty-five (25) of the first instance judgment’s text “Plaintiff” is amended to read “The Plaintiff failed to pay the down payment and intermediate payment after the lapse of all the respective payment periods stipulated in the instant sales contract.”

The following shall be added to the fifth last sentence of the first instance judgment:

A. Around May 10, 2018, the Plaintiff filed a report on the commencement of multi-family housing (34,327.6 square meters of the site area), and received a notice of approval for the recruitment of occupants from the king-si around June 11, 2018. The Plaintiff is deemed to have “22, 38, 39 square meters” in the first instance judgment of the court of first instance.

2. The reasoning for this part of the judgment on the instant safety defense is as stated in Paragraph 2 of the reasoning of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the merits

A. According to the facts of recognition of the amount of the purchase price to be paid pursuant to the instant sales contract, the Defendant, while receiving the purchase price from the Plaintiff, has the obligation to implement and deliver to the Plaintiff the registration procedure for transfer of ownership on the instant real estate No. 1 on August 20, 2010, and the amount of the purchase price was discussed.

1. The plaintiff's assertion of the parties is "the amount calculated by adding 4.8 billion won to the arithmetic mean of the market value assessed as of March 6, 2017 by requesting the plaintiff and the king market respectively, and by requesting the defendant to perform the average of the market value assessed as of February 17, 2014."

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