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(영문) 서울고등법원(춘천) 2016.06.22 2015나1494
협의취득계약 무효확인 청구의 소
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The court's explanation on this part is identical to the pertinent part of the reasoning of the judgment of the court of first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.

The court's explanation of this part of the plaintiff's assertion about the cause of claim is identical to the pertinent part of the judgment of the court of first instance except for the following modifications. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

The amended part of the first instance court's decision No. 3 8-9 ", as the court expressed its intention to cancel the agreement, it seeks to confirm that the agreement of this case was null and void since the agreement of this case was cancelled." This part of the court's decision is revised to ", as the court expressed its intention to cancel the agreement of acquisition, it seeks to implement the procedure for registration of cancellation of ownership transfer registration completed in the future of the defendant in accordance with the above agreement of acquisition." This part of the court's decision is identical to the corresponding part of the reasoning of the first instance court's decision, and thus, it is cited in accordance with

(1) In light of the witness I’s testimony made at the trial, it is insufficient to view that: (a) the Defendant Compensation Manager F deceivings the Plaintiff on the compensation for the mining right; (b) the compensation for the mining right became a condition for the agreement to acquire the mining right; or (c) the F has made a clear agreement between the Plaintiff and the Plaintiff on the compensation for the mining right; and (b) the Plaintiff’s claim that was changed in exchange in the trial due to the lack of any justifiable reason, is dismissed. It

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