Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The reasoning of the court's explanation concerning this case is that the court of the first instance added or removed part of the judgment of the first instance, and changed part of the judgment under paragraph (2) and Paragraph (3). Paragraph (4) is the same as the ground of the judgment of the first instance, except for adding a judgment on the matters asserted by the plaintiff in this court, and thus, citing this case pursuant to the main sentence of Article 420
2. A part concerning addition or height;
(a) 8 pages 9: (a) by inserting the following information:
④ As long as the ratification of a sales contract of this case is not established in relation to the instant sales contract, the Plaintiff’s rescission of the contract and the assertion of restitution on the premise that the sales contract with the Defendant was established is without merit, to further examine whether the contract was cancelled or not.
3. Claims for damages due to default or tort;
A. The plaintiff's assertion is obligated to implement the registration procedure for ownership transfer of the apartment of this case to the plaintiff according to the sales contract of this case. The defendant was unable to execute the registration procedure by disposing of the apartment of this case to H.
The Plaintiff seeks payment of the amount equivalent to the purchase price as compensation for nonperformance or tort.
B. As seen earlier, insofar as the legal effect of the instant sales contract does not extend to the Defendant, the Defendant’s nonperformance liability is not established.
Since there is no claim against the plaintiff against the defendant, it cannot be said that the defendant's act of disposing of the apartment of this case to H is unlawful, such as infringing the plaintiff's claim, and there is no evidence to acknowledge that the defendant committed an unlawful act intentionally or negligently against the plaintiff.
Therefore, the defendant's tort liability is not established.
(b) 8 Doz. 10 Doz. “3..” to “4.”, 20 Doz. “C’s mother-child passbook” to “C”, and 9 Doz.