(영문) 부산고등법원 2016.08.24 2015나56550

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2016.08.24 2015나56550

계약금 등 반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The Plaintiff asserted against the Defendant that the sales contract concluded on August 11, 2014 between the Plaintiff and the Defendant was null and void, or was concluded by deception or mistake as an unfair juristic act, and that even if not, it would be cancelled, it would be sought against the Defendant to pay KRW 1.46 million as a down payment and penalty, and (2) on the premise that the above sales contract still remains valid, the Defendant sought to pay KRW 6,545,211,321 from the Plaintiff for the registration of ownership transfer on each of the real estate listed in the separate sheet to the Plaintiff on the premise that it is still valid.

In this regard, the first instance court dismissed all the plaintiff's primary and conjunctive claims on the premise that the above sales contract was null and void, or the plaintiff's assertion based on the premise that the above sales contract was cancelled or cancelled due to the reason attributable to the defendant.

Since the plaintiff appealed only with respect to the primary claim, the scope of the judgment of this court is limited to the primary claim part among the part against the plaintiff in the judgment of the court of first instance.

2. The reasoning for the court’s explanation of this case is as stated in the reasoning for the judgment of the court of first instance, except where the following items are changed or added as follows. Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 4, "Witness" in Part 15 shall be construed as "Witness of the first instance trial", and "this court" shall be construed as "court of the first instance".

The following parts shall be added to the "FH 10" in the 8th page.

(5) The Plaintiff intentionally stated the issue of opening access roads among the appraisal report by the Defendant, and No. 12 and No. 4 among the appraisal report No. 12.

참조조문

-민사소송법 제420조

유사 판례

-부산고등법원 2014.12.16 2014나2259

-광주고등법원 (제주) 2018.02.07 2017나10673

-부산고등법원 2015.08.26 2014나6305

-수원지방법원 2018.12.06 2018나62522

-서울고등법원 2020.11.06 2020나2005684