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(영문) 부산고등법원 2020.10.28 2020나53654
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the preliminary counterclaim extended by this court are dismissed.

2...

Reasons

1. The defendant's main grounds for appeal citing the judgment of the court of first instance (including the part concerning the preliminary counterclaim expanded by this court) are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment in the court of first instance are justified even if all the evidence submitted by the court of first instance and this court are examined.

The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for cases where the reasoning of the judgment of the court of first instance is used as follows.

4 Under 4, the 5th instance “Plaintiff” was committed against L by “ro, 3rd under the same side,” with “B” as unjust enrichment equivalent to the previous rent, with “N” as unjust enrichment equivalent to the previous rent.

“B” in total of KRW 70,000,000 and KRW 20,000,000 for 70,000,000 for each of the 6th 7 parallel activities and thereby, the amount of KRW 50,000,000 for the attorney’s fees paid by the Defendant in the above conciliation case and KRW 20,000 for the 50,000,000 for the attorney’s fees paid by the Defendant in the above conciliation case and KRW 120,00,00 for the 120,00,000 for the 2nd 7th one, each of the 2nd claims “B” in the second counterclaim.

8 Under the 8th page, “B” is not only the case where only the judgment delivered by the former seller was delivered, but it cannot be deemed that there was an intention to permanently assume all legal disadvantages in the event a legal dispute concerning the occupation of the instant case arises due to the change of the owner of the adjoining land, etc., and thus, “B” is done.

2. In conclusion, the plaintiffs' claims of this case are accepted on the grounds of their reasoning, and all the defendant's main and conjunctive counterclaims are dismissed on the grounds of their reasoning. Since the judgment of the court of first instance is just in conclusion, the defendant's appeal and the conjunctive counterclaim expanded by the court of first instance are dismissed on the grounds of their reasoning. It is so decided as per Disposition by the assent of all.

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