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(영문) 수원지방법원 2014.10.24 2013나7254
위약금
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

1. According to the reasoning of the judgment of the court of first instance, considering the following facts, the reasons for citing the judgment of the court of first instance are as follows: (a) the statement No. 4-1 to No. 3; (b) the video and witness evidence No. 2; and H’s testimony cannot be excluded; (c) the area of the appraisal object is not less than the agreed area; (d) although the appraisal object is not consistent with the leased land for the Defendant’s use as farmland; and (e) according to the inquiry of the branch office of the Korea Cadastral Corporation in the Maritime Affairs and Fisheries of the court of first instance, the fact that dry field or waterway was excluded from the appraised area by surveying at approximately 30 cm from the line inside dry field at the time of surveying, and the fact-finding of the Korean Association of Intellectual Property Administration’s testimony at the time of surveying, the fact that the dry field or waterway was stated as the passage to be used as a farming machine; and (e) the fact-finding results of the fact-finding of the Korean Association of Intellectual Property Administration No. 1 to the extent of evidence No. 2.

2. As such, the plaintiff's claim is dismissed as it is 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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