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(영문) 대법원 2016.05.27 2014다15262
대여금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

In full view of the evidence cited in the judgment, the court below was obligated to sell the land of this case exclusively to the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) after recognizing the circumstances as stated in the judgment.

The plaintiff partly accepted the plaintiff's claim of the main claim and rejected the defendant's counterclaim.

In light of the relevant legal principles and records, although the court below’s explanation of its reasoning is somewhat inappropriate, its conclusion is acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the interpretation of legal acts, etc., nor did

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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