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(영문) 서울서부지방법원 2020.11.05 2020나45688
약정금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. In addition to the Plaintiff’s assertion that “the Defendant” is “Defendant and B,” “Defendant C” is “Defendant,” and “Defendant B” is “B,” the grounds for this part are stated by the court of first instance.

For the same reason, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In order for the Plaintiff to seek payment of the agreed amount or damages against the Defendant, the existence of the agreement asserted by the Plaintiff, and the Defendant’s endeavor must prove that the purchase of the instant land to B was sexually formed by the Plaintiff.

However, it is not sufficient to acknowledge the above two facts with the statement of Gap evidence Nos. 2 through 4, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

Of the judgment of the first instance, the part against the defendant in the judgment of the court of first instance is justified, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition

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