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(영문) 서울고법(인천) 2019.12.06 2019나11799

기타(금전)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the court admitting this case as it is based on the main text of Article 420 of the Civil Procedure Act, except for the addition of the following “3. Additional Judgment” as to the conjunctive assertion added by the plaintiff in this court.

2. Each "Witness E" of the 3th page 13 and 4th page 13 of the judgment of the court of first instance shall be considered as "Witness E of the court of first instance".

The following shall be added between the fourth and third parallels in the judgment of the first instance:

Furthermore, the following circumstances revealed the purport of the entire argument of the evidence revealed, i.e., the special agreement of this case, when it is impossible to lend the land of this case on the ground that it is a land allotted by the authorities in recompense for development outlay or it is impossible to succeed to the existing loan without penalty, is the content favorable to the Plaintiff, who is the buyer. Thus, the Plaintiff, the buyer, appears to have concluded the contract of this case, sufficiently aware that the land of this case has characteristics different from the land of land allotted by the authorities in recompense for development outlay and the general land, and the agreement of this case only appears to have been expressed as "loan" on the face of the text of the special agreement of this case, without stating that it is "regular loan". In light of the process of concluding the contract between the Plaintiff and the Defendant, it appears that the Plaintiff could have been interested in the loan, whether it is possible to succeed to the existing loan, and whether the existing loan is possible, or not.

A person shall be appointed.

3. Additional determination

A. The plaintiff.