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(영문) 인천지방법원 2020.01.14 2019나54156

손해배상(기)

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Quotation of the first instance judgment

A. The grounds for appeal by the Defendant do not differ significantly from the allegations in the first instance court, and it is difficult to recognize that F was transferred the right to permit the relocation of the instant building from the Plaintiff even if the evidence submitted in the first instance court to this court, the result of the order to submit financial transaction information by this court, and the testimony by the witness G of this court. As long as the Defendant constructed a new building by exercising the right to permit the relocation of the instant building and transferred its ownership to E, it shall be deemed that the instant sales contract was lawfully rescinded due to the Defendant’s failure to perform the obligation to transfer the right to permit the relocation of the instant building due to the cause attributable to the Plaintiff, and the fact-finding and judgment by the first instance court ordering the Plaintiff to pay the amount of KRW 160,00,000 as the amount of restitution and the amount of damages for delay.

B. Therefore, the reasoning of the judgment of the court of first instance is as follows: ① “20,00,000 won” in the second 12th 12th e.g., “20,000 won”; “registration of ownership preservation” in the second 16th e.g., “registration of ownership preservation”; “it is impossible to perform” in the third e.g., “in the event that the instant sales contract was impossible to perform”; and “in the third e.g., cancellation” in the third e., “the third e., cancellation”; “predetermined amount of loss birth” in the third 4th e.g., “predetermined amount of damage compensation”; “from June 15, 2018 or delay damages from June 15, 2018”; “The first e.g., “registration of ownership preservation” in the third e., “registration of ownership preservation”; “registration of ownership preservation” in the third e.g., “registration” in the first e., and third 415th e., transfer”;