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(영문) 서울고등법원 2015.08.13 2014나54559
토지사용승낙 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except for the cases where part of the reasoning of the judgment of the court of first instance is changed as stated in the following Paragraph (2). Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) No. 13 of the judgment of the court of the first instance is the same as “this case’s land”.

(b) The third 14-15 of the judgment of the court of the first 14-15 shall include the indication of “attached Form(1), (2), (5), (6), (7), and (1)” in the attached Form(1), (2), (5), (7), and (6).

C. On the fourth 14-15th 15th 15th 2 judgment of the court of first instance, “No evidence exists to prove that the Plaintiff entered into an agreement as alleged by the Plaintiff between the Plaintiff and the Defendant B, and the circumstances of the evidence submitted by the Plaintiff to the trial are insufficient to acknowledge the fact that the Plaintiff entered into the instant agreement with the same content as the Plaintiff’s assertion, and there is no other evidence to acknowledge it (the Plaintiff asserts to the effect that the Plaintiff entered into an agreement with the Defendant B via the Defendant C as alleged by the Plaintiff, but no evidence to acknowledge it exists).”

Article 5-6 of the judgment of the court of first instance provides that “The statement on the evidence No. 13 alone is insufficient to acknowledge the above assertion of the plaintiff, and there is no other evidence to acknowledge it.” The part of the judgment of the court of first instance provides that “The evidence submitted by the plaintiff to the trial, such as the statement on the evidence No. 13, and the circumstances of the assertion are insufficient to acknowledge the above assertion of the plaintiff, and there is no other evidence to acknowledge it.”

3. In conclusion, the plaintiff's appeal is dismissed as it is without merit.

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