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(영문) 대구지방법원 2016.10.12 2015나309740
매매대금반환
Text

1. All appeals filed by the plaintiff and defendant B are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition or dismissal of the pertinent part as follows. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

A. The following judgments shall be added to the last part of Article 2-A of the reasoning of the judgment of the first instance.

“(It is difficult to recognize that Defendant C, who is an agent of the seller, told the Plaintiff, etc. that Defendant C would sell the instant land to a third party and return the down payment, was said as above with the intent to assume legal liability for the return of the down payment, and there is no other evidence to acknowledge it otherwise).”

B. On the 3rd and 5th and 18th of the judgment of the court of first instance, the term “witness” was read as “witness of the court of first instance,” and the term “this sentencing date” in the 4th and 7th of the judgment was read as “date of the judgment of the court of first instance.”

3. In conclusion, the plaintiff's claim against the defendant B is accepted on the ground of its ground, and the plaintiff's claim against the defendant C is dismissed on the ground of its ground. The judgment of the court of first instance is just in conclusion, and the plaintiff and the defendant B's appeal are dismissed on the ground of its ground. It is so decided as per Disposition.

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