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(영문) 전주지방법원 2021.03.31 2019나11268
부당이득금
Text

All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit are dismissed.

Of the judgment of the court of first instance, the part relating to the lawsuit against the defendant.

Reasons

1. The content of this Court’s reasoning is as follows: “part of the size of 1269 square meters, D miscellaneous land 61 square meters, E forest 372 square meters, and F forest 1647 square meters, which is indicated in the separate sheet,” which is written from the second place to the bottom of the second place of the judgment in the judgment in the first instance, is the same as the corresponding column of the judgment in the judgment in the first instance, and thus, it is cited pursuant to the main text of Article 420 of the Civil Procedure Act, which is written in the second place to the bottom of the second place of the judgment in the second place.

2. The judgment of this court on the claim of this part is identical to the corresponding column of the judgment of the court of first instance, and therefore, the judgment on the claim of this case is cited as it is in accordance with the main text of Article 420 of the Civil Procedure Act (including the evidence duly admitted and examined by the court of first instance). Even if the plaintiff submitted the evidence that the court of first instance lawfully admitted and investigated, even if the response to the submission order of financial transaction information by this court was delivered to the court, it is difficult to change the facts and judgment acknowledged by the court of first instance, and there is no error as alleged by the plaintiff as the ground for appeal). 3.

A. On June 21, 2017, the Plaintiff entered into the instant sales contract with the Defendant to purchase the instant land amounting to KRW 220,000,000,000, and the Plaintiff paid the down payment of KRW 22,000,000 out of the remainder and the intermediate payment of KRW 20,000,000 pursuant to the instant sales contract and KRW 20,000,000, out of the remainder pursuant to the instant sales contract as seen earlier, barring any special circumstance, the Plaintiff is obligated to pay the Defendant the remainder of KRW 158,00,000 (=22,00,000,000 - (2222,000,000,000, 200,000,000,000) out of the purchase price).

The Defendant also sought a payment of delayed damages for the balance of the purchase price. However, even if the buyer’s obligation to pay the purchase price was delayed in the sale of a specific object, the buyer does not need to pay the purchase price interest until the object is delivered to the buyer (the Civil Act).

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