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(영문) 서울고등법원 2017.06.08 2016나2070827

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this decision are used in part of the reasoning of the judgment of the court of first instance as follows. In addition to the addition of the judgment of the plaintiff to "paragraph 3", the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) in Part 15 of the second sentence of the first instance judgment, “E” shall be written by “Defendant E”;

(b) Part 2 of the fourth sentence of the judgment of the court of first instance (hereinafter referred to as “the lawsuit in relation thereto is pending”) shall be written by adding to “the lawsuit in relation thereto shall continue to be in progress with the District Court 2014da17824.”

(c) Part 12 of the 6th judgment of the first instance court “A” shall be changed to “Defendant E”.

The part of the 6th judgment of the first instance court " alone with the facts recognized in the preceding part of the 15th judgment," "only with the facts recognized in the preceding part, all the evidence submitted by the plaintiff to this court, and the circumstances surrounding the allegation."

E. The part of the first instance judgment No. 18 of the first instance court's 6th " there is no evidence to prove it (On the other hand, considering the circumstances examined below together with the above facts admitted, even if the evidence submitted by the Plaintiff up to this court and the circumstances of its assertion are fully considered, the plaintiff's assertion that there is sufficient possibility that the plaintiff may cause property damage to the plaintiff due to the failure to pay the principal and interest of other right holders of the land in the event that the plaintiff purchases shares of this case, is not acceptable)."

3. Additional determination

A. Defendant D and E (hereinafter “Defendant D, etc.”)’s summary of the Plaintiff’s assertion does not simply introduce the instant land to the Plaintiff, but rather economic benefits and motives related thereto.