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(영문) 서울고등법원 2015.05.14 2014나41317
계약금반환등
Text

All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

Expenses for appeal shall be principal lawsuit and counterclaim.

Reasons

1. The first instance court dismissed all of the Plaintiff’s claims, and rejected the Defendants’ claims for damages equivalent to development costs, such as authorization and permission, etc., paid by the Defendants to obtain approval of factory construction, and dismissed their claims for reconstruction costs, such as stables.

Accordingly, since only the plaintiff appealed on the part against the plaintiff (the defendant appealed and withdraws) the scope of the judgment of this court is limited to the part of development costs such as the plaintiff's principal claim and the authorization and permission, etc. paid by the defendants.

A counterclaim shall be deemed to be combined with a principal lawsuit.

2. The reasoning for the explanation in this part of the underlying facts is as follows: “No. 2 of the first instance court’s 4th 11th judgment” is as “No. 1, 2 of the evidence No. 2; and the part of the 12th 16th eth eth 16th eths to “the Defendants failed to return the down payment, etc. to the Plaintiff according to the agreement of March 16, 2012”; the Plaintiff again demanded the Defendants to maintain the instant sales contract.

Accordingly, on August 6, 2012, the Plaintiff and the Defendants released or transferred cattle raised in each of the instant real estate, and removed livestock pens, etc., and the Plaintiff paid the remainder to the Defendants within 60 days from the date of the release, transfer, or removal of cattle (However, the remaining payment deadline may not exceed 100 days from the date of the preparation of the agreement.

) In the event that the remaining balance is not paid, an agreement was made with the same content as the written agreement in the attached Form, including the content that the Plaintiff waives the sum of the down payment and the expenses for the application for permission already paid to the Plaintiff.

(A) Each correction is made to “No. 3,” and “the first agreement between the Plaintiff and the Plaintiff,” and “the Defendant transferred the lawsuit raised in each of the instant real estate from September 2012 to September 2012 according to the first agreement of the instant case, and removed livestock pens (However, the concrete of the floor of livestock pens was not removed).

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