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(영문) 대법원 2016.04.15 2013다85639
기타(금전)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff (Counterclaim Defendant, Counterclaim Plaintiff).

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment of the court below and the judgment of the court of first instance partially accepted by the court below, the court below acknowledged the facts as stated in its reasoning, and established the text of the agreement in the judgment of the court below (hereinafter referred to as the "agreement in this case") with the purport that the plaintiff (the counter-party, the sub-party, the plaintiff, the plaintiff's legal representative, the defendant (the counter-party, the plaintiff, the counter-party, the defendant; hereinafter referred to as the "the defendant"), and the defendant's legal representative present at the first conciliation date, and coordinate and coordinate the other party's opinions for conciliation, and the original defendant finally prepared the agreement in the judgment of the court of first instance (hereinafter referred to as the "agreement in this case"), which states that ownership of each real estate listed in the separate list of the judgment of the court of first instance is owned by either of the plaintiff and the defendant, and each of the plaintiff and the defendant's legal representative, as long as the agreement in this case was concluded effective and completed in writing between the parties, the agreement in this case has the legal nature of the agreement in this case.

In light of the records, the above determination by the court below is acceptable, and there is no error by misapprehending the legal principles as to a compromise contract.

2. According to the reasoning of the lower judgment and the first instance judgment partially accepted by the lower court, the lower court determined that there was no error as alleged by the Plaintiff under Article 3 of the Agreement, based on the circumstances indicated in its reasoning. In light of the records, the lower court’s aforementioned determination is acceptable, and it is so decided.

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