logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.04.08 2015나2042399
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.

2. The part concerning the counterclaim among the judgment of the court of first instance.

Reasons

1. The reasons why this Court uses this part of the underlying facts are the same as the corresponding part of the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the corresponding parts as follows. As such, this Court cites it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The third party decision of the court of first instance was in the part of the 11th to the 13th party decision, and the part of the 3th party decision of the court of first instance was in the registration of transfer of ownership in the Plaintiff’s name, whose cause for registration is the "trade on May 2, 2005 with respect to the forest of this case" as the "trade on April 25, 2005". In this process, 7,350,000 won

B. B. The third party decision of the court of first instance was sealed as “ January 6, 2013” in the 15th party decision of the court of first instance as “ January 6, 2014.” On the other hand, the Plaintiff paid KRW 20 million, which occurred in the process of resale as above, around January 6, 2014.

"in addition".

2. Summary of the assertion

A. The Plaintiff’s profit distribution agreement on the premise that the Plaintiff bears 1/2 each of the costs for acquiring the instant forest land, including purchase price, according to the instant sales contract. Unlike each written contract on the instant sales contract, the purchase price under the instant sales contract is KRW 365,80,000,000, in fact, and 7.355,000,000 as acquisition tax and registration fee, and 20,000,000,000 (=36,580,000,000) x 1/2,000,000,000 (= KRW 7.35,580,000,000) x 1/2).

However, according to the Plaintiff’s burden of KRW 212,675,00, the Plaintiff bears the difference of KRW 16.1 million, and the Plaintiff already returned KRW 75 million, and the Plaintiff paid KRW 20 million in the process of selling the said forest.

Therefore, the sales price of the forest of this case shall not exceed KRW 16.1 million and KRW 75 million, excluding KRW 20,000,000,000 and KRW 78.9 million,00,000,000,000 for sales of the forest of this case, which is KRW 380,000,000.

arrow