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(영문) 서울고등법원 2016.05.04 2013나37724

대여금

Text

1. Of the judgment of the court of first instance, KRW 30,00,000 against the Plaintiff and its related thereto from February 25, 2005 to May 28, 2013 against the Defendant.

Reasons

1. Basic facts

A. On August 27, 2003, the Plaintiff, the Defendant, and C agreed to purchase the land by sharing the cost equally, and around August 27, 2003, purchase of 15915 square meters of Gangwon-gun M&A (hereinafter “D 1 land”) and 554 square meters of N forest land (hereinafter “D 2 land”). As to each of 1/2 shares of D 1/2 shares of D 1 land, the Plaintiff completed the registration of ownership as to D 2 land in the name of the Plaintiff’s wife.

B. The Plaintiff, the Defendant, and C agreed to purchase the land on 14 lots, other than the 3103m2, located in Gangseo-si O forest land in Gangnam-si (hereinafter “E land”), with an equal apportionment of expenses, and then purchase E land from 00m2, the owner of the E land on October 2, 2003, and completed the registration of ownership transfer for each 1/3 share of E land on April 28, 2004.

[Ground of recognition] Evidence Nos. 6, 7, 13 through 15, 23, 25, and 26, and the purport of the whole pleadings

2. Judgment on the claim for payment of 200 million won

A. As to the cause of the claim, Gap evidence No. 5, part of Gap evidence No. 35, and Gap evidence No. 1-2 [a] evidence No. 1-2 of which authenticity is acknowledged by Gap evidence No. 1-2 of which evidence No. 1-2 of which evidence No. 1-2 (a claim that the plaintiff and the defendant forged Eul evidence No. 10-12, and the defendant forged Eul evidence No. 1-2 of which evidence No. 1-2 of which evidence No. 1 of which evidence No. 1-2 of which evidence No. 1 of which evidence No. 1 of which

"The judgment of innocence" can be recognized as the facts charged that false accusation was made and the judgment of innocence became final and conclusive. However, the judgment of innocence in a criminal trial means that there is a proof that the judge would have a conviction to the extent of excluding a reasonable doubt based on admissible evidence on the facts charged. On the other hand, the judgment of innocence merely means that there is no such proof, and it is meaningful that the absence of the facts charged has been proved.