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(영문) 부산고등법원 (창원) 2018.03.22 2017나22127
소유권이전등기말소등
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance No. 1 and No. 2 are subject to objection.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the part of the judgment of the first instance, except for the case’s dismissal or additional determination as set forth below, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the 3rd 10th 10th 2nd 3th 10 of the judgment of the court of first instance, the "Evidence Nos. 1 and 10 of the judgment of the court of first instance" was written with "Evidence Nos. 1, 10, 13 and 14 of the judgment

The part of the judgment of the court of first instance, which reads “the fact that she had committed” between 12 and 15, shall be deleted as follows. The value of each of the above real estate and each of the machinery and appliances shall be the same amount as at the time of the instant sales contract.”

In addition to the respective descriptions of Gap's evidence Nos. 3 and 4 (including each number), and the overall purport of arguments as a result of appraiser F's appraisal, the value of each of the real estate of this case and the machinery and equipment of this case as of October 5, 2015, as of October 5, 2015, the total value of KRW 1,837,546,970 [the total value of KRW 1,837,546,970 (land = 344,523,97,000 (factory building)] was transferred to 14,897,00 won (construction)].

In the instant case, according to the facts of recognition as seen earlier, the joint collateral value of each of the instant real estate and machinery and apparatus at the time of the instant sales contract (i.e., appraisal value of KRW 1,837,546,970 - KRW 1,430,000,000) is confirmed as being the same at the time of the closing of argument in the instant case, and the amount of the Plaintiff’s preserved claim against the non-party company is KRW 450,000,000,000. Ultimately, the instant sales contract is revoked within the limit of KRW 407,546,970,000, which is the smaller amount between the above joint collateral value and the amount of the preserved claim, and the Defendant is obliged to pay the Plaintiff compensation for damages at a rate of KRW 407,546,970 and KRW 50,000 per annum under the Civil Act.

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