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(영문) 서울고등법원 2021.03.26 2020나2027837
손해배상(기)
Text

1. The judgment of the first instance court, including the preliminary claim that the Defendant (Counterclaim Plaintiff) added to the counterclaim by this court.

Reasons

1. Basic facts

A. The reasoning for this part of the judgment of the court of first instance, which cited this part of the judgment, is as follows, and the corresponding part of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The parts 1) A (the 3rd judgment of the first instance court, the 16th parallel between 16 and 4th parallel) are as follows.

A. [Attachment 1] Each land (a total of 35,297 square meters) listed in the list is owned by the Plaintiff. Among them, each land listed in paragraph (3) is divided into the land listed in [Attachment 2] No. 3-5 of the list / [Attachment 2] No. 3-5 of the list, and each land listed in the list / [Attachment 1] becomes each land listed in the list / [Attachment 2].

On December 6, 2017, the Plaintiff: (a) sold to the Defendant each land (hereinafter referred to as “instant land”) indicated in the purport of the Defendant’s primary claim for the counterclaim, which is part of each of the land listed in the list of its ownership [Attachment 2], to the aggregate of KRW 9,918 square meters, on the basis of the conversion of a part of the acquisition of shares into the area; (b) as at the time of the sale and purchase agreement, the sale and purchase agreement was indicated as follows: (c) inasmuch as it was prior to the subdivision, as seen above, the sale and purchase agreement was indicated as “C (B), D (B), E (B (B), F (B) and 9,918 square meters; and (d) sold KRW 4,50,000,000,000 for the instant land (hereinafter referred to as “the instant purchase and sale agreement”); and (c) the Defendant paid KRW 10,000,00 on the day of the instant purchase and sale agreement to the Plaintiff pursuant to paragraph 3 of the special terms of the instant contract.

2) The head of the 4th gambling place “G” in the 21st place inside the 4th gambling place shall be raised to “F”.

3) On the 5th page Park 5th page "I" in the main sentence shall be raised to "Company I".

4) The Defendant, “,” as the first 5 conduct of the sixth page, added “The 5th place far past June 29, 2018, which was stipulated in Paragraph 5 of the Special Terms and Conditions of the instant sales contract, to “the development permission for the instant land.”

5) Matters (Nos. 9 through 12) are advanced as follows:

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