손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Judgment on the ground of the plaintiff's claim
A. The facts of recognition are as follows: (a) the Defendant filed a principal suit against the Plaintiff and C, including D, and the building on the ground thereof (hereinafter “instant real estate”); and (b) the Plaintiff and C filed a counterclaim against the Defendant seeking damages against the Defendant [the Daejeon District Court Decision 2004Ga15368 (principal suit), 2005Gadan1274 (Counterclaim)]; (c) the Plaintiff and C, and the Defendant on May 20, 2005 when the said lawsuit was pending, “the Plaintiff and C shall deliver the instant real estate to the Defendant by September 20, 2005. The Defendant shall pay KRW 30,000,000 to the Plaintiff; (c) the remainder of the provisional seizure deposit amount shall be collected; and (d) the Plaintiff and C shall not immediately receive the instant real estate from the Plaintiff and C, including the instant real estate, to the Defendant.
Meanwhile, on September 9, 2015, the Defendant alleged to the effect that the confession was revoked by making a statement on the reply of December 22, 2005 and the preparatory brief dated March 8, 2016, on April 10, 2006, and thereafter, on May 13, 2016, the Plaintiff was only a director on the instant real estate without communicating the Defendant on September 20, 2005, and on April 10, 2006, with the purport that the Defendant did not transfer the instant real estate to the Defendant on December 22, 2005 and on March 8, 2016, the evidence submitted by the Defendant, such as the evidence, etc., was contrary to the truth of the Defendant, and there is no evidence to acknowledge that the confession would be contrary to the Defendant’s mistake, and there is no other evidence to acknowledge that the confession would be invalid as alleged by the Defendant.