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(영문) 서울고등법원 2016.07.26 2015나2066777
채무부존재확인
Text

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

2. The appeal costs.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, except for the addition or replacement as follows.

[Supplementary Parts] The 4th 1st 4th 1st 1st and 5th 5th 1st 3th 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 200

The following evidence 7, 8, 14, 17, and 18 of the judgment of the court of first instance [based on recognition] 5 pages 14 through 15 of the judgment of the court of first instance shall be added to the "Evidence 19, 20 of the A", and the "Evidence 19, 20, 25, and 32 of the A" to the "Evidence 30, 56 of the A", respectively.

[Supplementary part] From 4th to 13th of the judgment of the first instance court (=the part concerning the matter) shall be as follows.

(g) around May 2014, Defendant B presented to the Plaintiff a sales contract (Evidence A) with the purpose of using the building on the instant land, payment date of the purchase price, payment method (payment in full differently from the instant agreement), the removal entity of the existing building on the instant land, the removal entity (Plaintiff), specific rights and duties relating to the application for a building permit (such as the Plaintiff’s obligation to provide a written consent for land use), the matters related to the cancellation of the security and limited real rights established on the instant land and building, the requirements and effect of the termination of the contract, the requirements and scope of compensation for damages, etc.

2) In addition, Defendant B, on the same day, entrusted the Plaintiff with the land indicated in paragraph (1) of the attached Table to Korea Asset Trust Co., Ltd. and completed the registration of ownership transfer based on such trust. The purpose of the trust is to facilitate the transfer of ownership on the said land to Defendant B, the purchaser designated by the Plaintiff, the truster, and one other, and determined the disposal price of the said land as KRW 8.317 billion (the above amount is determined by the agreement of this case).

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