logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.05.18 2017나61088
매매대금반환
Text

1. The defendant's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the judgment of the court of first instance, excluding the following, is the same as the reasoning of the judgment of the court of first instance. Thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The number of pages 4 to 20 of the judgment of the court of first instance shall be as follows.

[Then, since the main purpose of the sales contract, the object of which is the sale right, is to have the buyer acquire the ownership of the object based on the ownership of the sale right, the seller is obligated to allow the buyer to acquire the ownership of the object based on the ownership of the sale right. In this case, if the purpose of the sales contract can be achieved by permitting the change of the ownership of the buyer in the name of the buyer, then the seller will fulfill his obligations if he performs the procedure for change of the ownership of the buyer (see Supreme Court Decision 2006Da4401, Nov. 23, 2006). However, as seen above, since the sale contract was concluded by the executor with the exclusion of the trust company and the plaintiff cannot receive the registration procedure for transfer of ownership of the office building of this case, it is reasonable to view that the office building of this case which the plaintiff was for the purpose of the sale contract of this case is impossible to obtain the ownership of the seller. Therefore, it is difficult to view that the seller has succeeded to the buyer's obligation to enter the sale contract of this case in the name of the plaintiff.

3. Thus, the claim of this case shall be accepted on the grounds of the conclusion.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

arrow