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(영문) 서울고등법원 2020.09.16 2018나2070678
매매대금반환
Text

1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.

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

Reasons

1. The reasoning of the judgment of the court of first instance cited the instant case is as follows. The reasoning of the judgment of the court of first instance, except for the Plaintiff’s additional determination as to the claim for damages added by this court as set forth in paragraph (3), is as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(Attachment 1 and 2) The second 16th 16th 2nd 16th 201 of the judgment of the court of first instance shall be read as “ February 18, 201”.

The third place of the judgment of the first instance is divided into G forest, etc., and the said G forest is divided into “G forest, etc.” on July 8, 2011 into “76,972 square meters, etc.” and the said G forest is divided into “4,592 square meters, among G forest, 76,972 square meters, on July 8, 2011.”

The last sentence of the judgment of the first instance is the “satch balance” of the last sentence as “satch.”

"240,000,000 won" in the fourth 3 conduct of the judgment of the first instance shall be deemed to be "245,00,000 won".

After the fourth 6th 6th tier judgment in the first instance judgment, “(the plaintiff added in this court a preliminary assertion that the sales contract of this case was cancelled by mistake upon the application for modification of the claim and cause of claim as of August 29, 2019, but withdrawn from the preparatory document as of July 17, 2020)” is added.

The first instance court's 4th to 6th 16th tier is as follows.

3. Determination

A. The Defendant: (a) sold to the Plaintiff on December 31, 2010, the instant real estate with a specific size of 13,223 square meters indicated in the attached Table 1 provisional partition drawings, among C forest land 94,016 square meters (hereinafter “forest land before subdivision”); (b) divided the forest land before subdivision into C forest land 12,562 square meters (hereinafter “real estate 1”) and E forest land 81,454 square meters; and (c) divided the portion of the area among the real estate 1, into 9,815 square meters (= 9,815 square meters on June 94, 201) / 12,562 square meters into the company designated by the Plaintiff; and (b) the Defendant transferred the ownership of the said forest with a specific size of 13,562 square meters into the forest and forest 25,294 square meters in the forest and forest 201 square meters in the aggregate; and

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