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(영문) 서울고등법원 2019.12.17 2018나2063021
매매대금반환
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The first instance court dismissed the part of the Defendant’s counterclaim based on the right to demand ex post facto reimbursement, and accepted only the remainder payment claim based on the right to demand ex post facto reimbursement, the remainder, and the damages for delay.

As a result, only the plaintiff filed an appeal against the part against which the plaintiff lost, the subject of the judgment in this Court is the principal lawsuit and the claim for the payment of the remainder of the counterclaim.

2. The reasoning of the judgment of the court of first instance is as follows, with the exception of partial revision as follows.

Therefore, this shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(However, as seen earlier, the part related to the claim for the right of indemnity among the defendant's counterclaim confirmed in the first instance court is excluded). 3. 16. The attached Form 1 shall be attached to the first instance court's attached Form 1 (hereinafter "attached Form 1").

Each "294,226,710 won" shall be deemed "294,223,710 won".

The results of the appraisal commission shall be as follows, from 7 degrees to 9 degrees of conduct:

The evidence Nos. 1 through 12, 16, 22, 24 through 26, 28, 30, Eul evidence Nos. 3, 6 through 9, 15, 38, 39, Eul evidence Nos. 43-2 through 7, testimony of the first instance court witness L and witness V of this court, the result of the on-site inspection by the court of the first instance, the result of the appraisal by the court of the first instance, and the result of the appraisal by the President of the Eunpyeong branch of the Korea Land Information Corporation (O appraiser X) and the head of the Gyeonggi Northern Facilities shall be deemed to be the attached Form No. 2 of the first instance court (hereinafter referred to as the "attached Form 2"), and the result of the fact-finding by the court of first instance on the head of the Pyeongtaek branch of the Korea Land Information Corporation (O appraiser X) and the head of the Gyeonggi Northern Facilities.

7.On the 7th page 13th page "this Court" shall be placed in the court of first instance, and the following shall be added to the following 19th page:

L also around August 2014 and January 2015, L issued design drawings concerning the instant inspection to the Plaintiff in the name of the Y architect office. Examining each design drawings, part of the instant inspection was constructed on the land owned by others as above.

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