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(영문) 서울고등법원 2015.11.12 2015나2034381
대여금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following determination as to the new argument by Defendant C in this court, and thus, the same is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant C asserts that, at the time of the instant promise to sell and purchase, E, the parent-child E, at the time of the instant promise, had to exercise the right to complete the sale and purchase, and that E, still remains alive, the exclusion period of ten years has not elapsed. The right to complete the sale and purchase, i.e., the right to complete the sale and purchase promise, which is a kind of right created between the parties by expressing their intent to complete the sale and purchase promise, shall be exercised within such period, and if there is no such an agreement, within 10 years from the date of establishment of the reservation, the right to complete the sale and purchase shall be extinguished upon the lapse of the exclusion period. Even if the parties have expressly agreed upon the time of exercising the right to complete the sale and purchase, the exclusion period shall expire upon the expiration of 10 years from the date of the initial promise, and it cannot be deemed that the right to complete the sale and purchase should be extended from the expiration of the 10-year period to the expiration of the 10-year period, as otherwise alleged by the Defendant C’s allegation.

2. The plaintiff's claim of this case is concluded.

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