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(영문) 부산고등법원 2018.11.13 2018나51549
채무부존재확인
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 defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance. However, the evidence submitted in the court of first instance and the statement of evidence Nos. 15 and 16 additionally submitted in this court are insufficient to reverse the judgment of the court of first instance.

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the first instance except for the dismissal as set forth in Article 420 of the Civil Procedure Act.

2. Three pages of the parts to be dried shall be as follows: “The same day” to “ November 10, 2015.”

Under five pages, the term “954,377,145 won” shall be read as “1,050,317,562 won”, and the term “368,741,201 won” shall be read as “464,681,618 won”.

The 6th 5th 6th 5th 6th 5th 201 second 201 second 368,741,201 second 464,681,618th 200 and second 95,940,417th 200.

7. Two pages 7. The Ro of Witness shall be filled with the "R of Witness of the First Instance".

7. 7. 7. 13. The defendant sent "the plaintiff to the defendant".

8. The 7rd to 18th parallels shall be done in the following manner:

B. Whether the Plaintiff is liable to pay any balance or penalty under the instant sales contract shall be paid KRW 380,000,000 to the Defendant by August 25, 2016. However, the fact that D, etc. entered into an agreement with the Plaintiff to complete the registration of ownership transfer on M, I,O, H land, etc. subject to the instant sales contract by the end of August 2016 is as seen earlier.

Furthermore, there is no dispute between the parties that the Plaintiff did not pay KRW 380,000 to the Defendant by August 25, 2016.

However, according to the evidence Nos. 15-1 and 2, D, etc. sold M land to S on Aug. 9, 2016 and completed the registration of ownership transfer on Aug. 11, 2016, it is recognized that D, etc. sold I land to ASS Co., Ltd. on Oct. 27, 2016 and completed the registration of ownership transfer on Oct. 28, 2016.

According to these facts, this fact is examined.

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