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(영문) 서울고등법원 2014.08.29 2013나71786
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are the same as the written judgment of the court of first instance except for the following changes. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure

[Amendment] Part 4 of the first instance judgment shall be amended as follows.

The plaintiff's primary claim for the payment of the purchase price under the sales contract of this case or for the payment of the changed purchase price according to the agreement thereafter is without merit, and the part 9 through 11 of the judgment of the court of first instance is amended as follows.

“In order to seek payment, a lease contract should be concluded between the Plaintiff and the Defendant on the first and second floors of the instant building during the above-mentioned period on the Plaintiff’s assertion. However, it is insufficient to recognize that the entry of No. 13-6 of the evidence No. 13 is insufficient to acknowledge that the Defendant leased the first and second floors of the instant building from the Plaintiff during the above-mentioned period, and instead, there is no other evidence to acknowledge it, and instead, the first instance court’s decision No. 7 of the instant building No. 2006 is amended as follows.

“Afterward, the fact that only the first floor above the ground of the instant building and the second floor above the instant building can be recognized, and the above fact of recognition is insufficient to be followed only by the images of No. 15-1 through No. 6 of the evidence No. 15-6.”

2. In conclusion, the plaintiff's primary and conjunctive claims of this case are all dismissed as they are without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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