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(영문) 대법원 2016.11.10 2016다23052
부동산매매대금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The court shall judge whether the origin of facts is true in accordance with logical and empirical rules without free conviction, taking into account the purport of the whole pleadings and the result of examination of evidence.

(Article 202 of the Civil Procedure Act). The recognition of such facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the records, the court below did not have any circumstance that the court below exceeded the bounds of the principle of free evaluation of evidence in recognizing the amount of the purchase price of the sales contract of this case and whether the balance should be paid, and it is not found that the court below erred in the misapprehension of the right of tiny, incomplete hearing, and violation of the rules of evidence

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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