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(영문) 대법원 2016.01.14 2015다236110
매매대금반환
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 2, the court shall decide whether the assertion of facts is true in accordance with logical and empirical rules on the basis of social justice and the principle of equity by free evaluation of evidence, taking into account the purport of the entire pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The fact duly confirmed by the court of final appeal that the judgment below did not exceed

(1) The Plaintiff’s assertion that the Defendant did not perform his/her obligations under the 2nd sales contract on a different premise is not acceptable, on the grounds as indicated in its reasoning, on the following grounds: (a) in the process of concluding the 2nd sales contract as indicated in the judgment of the court below, there is insufficient evidence to acknowledge that there was an agreement between the seller and the seller on the part of the seller on the part of the seller and the buyer on the part of the half

The allegation in the grounds of appeal disputing this judgment of the court below is merely an error of the selection of evidence and determination of the value of evidence belonging to the free trial of the fact-finding court, and the fact-finding based thereon.

In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the interpretation of legal act or by violating logical and empirical rules.

2. As to the ground of appeal No. 1, the lower court determined that the real owner of the instant real estate as indicated in the lower judgment is D and the Defendant cannot be readily concluded as a title trustee.

The allegation in the grounds of appeal disputing this judgment of the court below is based on the selection of evidence and the determination of value of evidence, which belong to the free trial of the court of fact-finding.

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