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(영문) 청주지방법원 2020.07.02 2019나16216
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

(b)no balance: On June 30, 2017, Section A and B shall be delivered to the other party all the documents required for the registration of ownership transfer at the same time as the balance of exchange proceeds is received, and both A and B shall be delivered, respectively.

Section 3. A and B transfer full ownership to A and B by removing defects, burdens, etc. of their rights until the date of receipt of the balance when there is a reason to restrict the full exercise of ownership of the property.

except in cases of rights and amounts agreed to succeed.

[Matters of special agreement] A and B enter into this contract after confirming the documents entered in the public register and making an answer to the site.

When the division of land is completed after the contract, A and B shall immediately transfer ownership.

B A shall succeed to the amount of 130,000,000 won (the maximum amount of 130,000,000 won) on B's goods.

B is exchanged with B's goods by dividing the total area of 1,929 square meters in two parcels owned by A and 145 square meters in a road site. * Agreement is entered into by B's agent (Nam).

D. On June 2017, the Defendant entered into a contract for remodeling construction of the Plaintiff’s housing owned (hereinafter “instant construction contract”) with the police officer G, and G, pursuant to the instant construction contract, continued to implement the remodeling construction of the Plaintiff’s housing (hereinafter “instant remodeling construction”).

The Defendant asserts that there was no conclusion of the instant construction contract, and G voluntarily carried out remodeling construction works for the Plaintiff-owned housing.

However, in a civil trial, even though it is not bound by the facts established in the judgment of other civil cases, etc., the facts established in the already established civil cases shall be significant evidence, unless there are special circumstances (see, e.g., Supreme Court Decision 2008Da92312, 92329, Sept. 24, 2009).

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