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(영문) 부산지방법원 2019.06.14 2018나58196
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows. The defendant’s assertion that the court of first instance emphasizes in the trial as to this case is identical to the part of the reasoning of the first instance judgment, except for adding the judgment as set forth in the following paragraph (2). Thus, this part of the reasoning of the court of first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure

The first instance judgment Nos. 3, 1, and 2 of the first instance judgment states, “Defendant B told the Plaintiff to prepare a written consent, etc. to use neighboring land owners so that it can submit a road to the land, which is the subject matter of sale, to the Plaintiff.” The Defendant B said that the Plaintiff would not be at issue with the use of the road adjacent to the land, which is the subject matter of sale.”

According to the facts of the judgment of the court of first instance, the plaintiff believed that the land of this case, which is the object of sale at the time of the conclusion of the contract of this case, was a place where the construction of the road was possible, and it was indicated as the content of the contract of this case. Even if the general public knew that the land of this case was a place where the construction of the road was impossible from the plaintiff's standpoint, according to the above facts of recognition, the plaintiff believed that the land of this case, which is the object of sale at the time of the conclusion of the contract of this case, was a place where the road was already established, and it was indicated as the content of the contract of this case. The plaintiff believed that the land of this case, which is the object of sale at the time of the conclusion of the contract of this case, was a place where the passage of the vehicle was possible, and it was indicated as the content of the contract of this case.

2. In addition, the Defendant rendered a further judgment, insofar as the Plaintiff purchased the instant land for the purpose of constructing and residing in a house, the said land is against the Plaintiff.

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