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(영문) 의정부지방법원 2018.12.21 2018나206784
손해배상
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the lower court’s explanation on this part is as stated in paragraph (1) of the first instance judgment, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The plaintiff asserted that the defendant Dongducheon-si purchased only the land of this case and the building of this case had committed a tort to arbitrarily remove the building of this case even though it did not purchase it, and the defendants asserted that the plaintiff transferred the building of this case without compensation at defendant Dongdu-cheon.

B. Determination 1) According to the evidence No. 1 evidence No. 1, it is acknowledged that Defendant Dongducheon-si delivered to the Plaintiff a letter of intent to sell and purchase the instant land and building around August 2016 and signed by the Plaintiff. Notwithstanding the above letter of intent to sell and purchase, only the instant land was concluded, as seen earlier. The fact that a sales contract or an agreement on free transfer was not made for the instant building is not in dispute between the parties. However, the facts acknowledged earlier are as follows: Gap evidence No. 4, Eul evidence No. 2, 5, 6, 7, 8, 9, and 10; the records and images of evidence No. 2, Eul evidence No. 5, 6, 8, 9, and 10; the Defendant’s personal examination of the first instance court; and the purport of the entire arguments, i.e., the instant building appears to have been a deteriorated building that was not used at the time of the conclusion of the sales contract for the instant land; and ii the Plaintiff could have concluded a separate sales contract for the instant land No. 201.

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