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(영문) 서울고등법원 2012.10.11 2012나18467
손해배상등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this court’s explanation concerning this part of the basic facts is as stated in the judgment of the court of first instance, except for a modification to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) by the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), and therefore, it is cited pursuant to the main sentence of Article 420 of the

2. Determination on this safety defense

A. The Defendant’s principal safety defense is selected against the Defendant: (a) the Defendant’s obligation to transfer the ownership of the instant land under the instant contract was impossible to perform the subsequent obligation; (b) the Plaintiff lost ownership of the instant land by exercising a repurchase right; (c) thus, the Plaintiff’s claim for damages based on the warranty liability under Article 572 of the Civil Act as a sale of another’s right; or (d) the Plaintiff’s loss of ownership of the instant land, thereby seeking a claim for restitution of unjust enrichment, on the ground that the Defendant gains a considerable amount of the redemption price; and (e) the Plaintiff’s claim for restitution of unjust enrichment.

The defendant, at the time of the contract of this case, agreed with the defendant that "not to file any civil or criminal lawsuit concerning the contract of this case" (hereinafter referred to as the "non-prosecution agreement of this case"), and therefore, the lawsuit of this case is unlawful, and thus, it is deemed that the lawsuit of this case is unlawful.

As to this, the Plaintiff’s agreement on the Plaintiff’s action is not effective as an agreement on the Plaintiff’s comprehensive legal relations, or is effective as a household affairs.

Even if the Plaintiff’s claim pertains to either a claim for the performance of the instant contract itself or an unexpected situation at the time of the partial lawsuit agreement, and thus, it is not included in the scope of the instant secondary lawsuit agreement.

The plaintiff under Article 9 (1) of the contract of this case does not file any civil or criminal lawsuit concerning the contract for ten years after the entry into force of this contract.

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