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(영문) 서울고등법원 2016.07.22 2016나2013909
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

The defendant of the purport of the claim shall be attached to the plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, except in the following cases:

The second half of the judgment of the first instance court "A apartment" is raised into "A apartment and commercial buildings".

B. Following the second 12th 12th 12th 2th 2th 2014, “in accordance with Article 39 Subparag. 1 of the Urban Improvement Act and Article 48(1) of the Act on the Ownership and Management of Condominium Buildings” shall be added.

(c) 2 pages 14 of the first instance judgment: “The instant real estate” is added to “Article 39 subparag. 1 of the Urban Improvement Act and Article 48 subparag. 4 of the Act on Ownership and Management of Condominium Buildings.”

The market price in 13th 13th e.g., the first instance court's decision is "31,00,000 won, which is the market price at that time."

E. The decision of the court of first instance 4, 3, and 4 held that “the plaintiff will not remain the sales price to be paid to the defendant” is that “the plaintiff may refuse to pay the full amount of KRW 331,00,000,000, and therefore the defendant’s simultaneous performance defense is without merit.”

2. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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