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(영문) 대전고등법원 2015.04.27 2014나13516
손실보상금
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. Basic facts

A. As to each real estate listed in the list of real estate in the attached Table 1 (hereinafter “instant land”), the Plaintiff and the Defendant prepared a sales contract for real estate (hereinafter “instant sales contract”) on August 4, 2004 (hereinafter “the instant building”) and all standing timber listed in the attached Table 2 attached hereto (hereinafter “instant obstacles, including the instant building”), the seller was paid KRW 150 million to the Plaintiff, the purchaser, and the purchaser at KRW 150 million, and the down payment amounting to KRW 45 million at the time of the contract, the intermediate payment of KRW 45 million was paid to the Plaintiff on August 31, 2004, and the remainder of KRW 65 million was paid on October 29, 2004. The Defendant received KRW 150 million from the Plaintiff in full.

B. On July 27, 2012, as part of the former project to purify contaminated soil around C, a land purchase compensation plan was publicly announced for all the obstacles located on the instant land including the instant land and incorporated land, and the Korea Environment Corporation, upon being entrusted with the said compensation project, notified the interested parties of the amount of compensation and requested a consultation on compensation on November 9, 2012 after the appraisal of the obstacles, etc. in the instant case.

C. Although the Plaintiff attempted to comply with the above compensatory agreement, the Defendant asserted ownership of the obstacles in the instant case, and disputing the Plaintiff’s rights, the above compensatory payment is currently reserved.

【In the absence of dispute over the grounds for recognition, the entry in the evidence Nos. 1-2, 2-2, and 2-1, 2-3, and 3-5 of the evidence Nos. 1-2, and the purport of the whole pleadings [the Defendant acknowledged the authenticity on the date of pleading Nos. 1-1 of the evidence Nos. 1-1 of the court of first instance (as to the sales contract, on the date of pleading No. 5 of the court of first instance as of April 17, 2014, at the date of pleading No. 1-1 of the court of first instance as of July 36, 2014, the Plaintiff’s husband reversed it by the Defendant’s statement in the Defendant’s preparatory document as of June 20, 209, and forged it by using the Plaintiff’s husband’s seal impression which

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