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(영문) 부산고등법원(창원) 2020.12.10 2020나10995
소유권이전등기
Text

All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

Expenses for appeal shall be principal lawsuit and counterclaim.

Reasons

1. The argument of the plaintiff and defendant at the trial of the court of first instance is not significantly different from that of the court of first instance. Even if the plaintiff and defendant present their arguments in the trial of the court of first instance, the fact-finding and decision of the court of first instance are justified.

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows 2. Thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act as it is.

2. On the 5th page of the judgment of the court of first instance, the part which is dismissed or added, “legal representative” shall be dismissed as “legal representative”.

Part 5 of the judgment of the first instance court, “The Defendant does not remain in the purchase price to be paid to the Plaintiff” is deemed to read “the Plaintiff does not remain in the purchase price to be paid to the Defendant.”

In the 7th judgment of the first instance, "the defendant division" in the 20th judgment shall be changed to "the defendant".

Then, the part 8 of the judgment of the first instance, “only an internal problem” in the part 13 of the judgment, is added to “(the Defendant is not entitled to receive the purchase price from the Plaintiff that D received, notified, or sought a letter from the Defendant as to the fact that D had not been paid the purchase price, on behalf of the Defendant, on the ground that D had not been entitled to receive the purchase price on behalf of the Plaintiff, on the ground that D had the right to arbitrarily consume the purchase price paid from the Plaintiff in relation with the Defendant, and whether D had the right to receive the purchase price on behalf of the Defendant. As such, even if D claimed a letter to the Defendant as alleged by the Defendant, it is difficult to deem that D had no right to receive the purchase price on behalf of the Defendant).”

In the 9th judgment of the first instance court, "at the time of entering into the instant sales contract" is deemed " at the time of entering into the instant sales contract."

On the 9th judgment of the first instance court, "a collection is made after the 8th judgment."

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