logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원(인천) 2020.06.05 2019나13856
손해배상(기)
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 judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except for partial dismissal or addition as set forth in the following paragraph (2). Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. From 8th to 14th of the judgment of the court of first instance, the part to be dismissed or added is as follows.

① Defendant D paid H the construction cost of KRW 170,000,000 on October 7, 2002, and KRW 350,000,000 on November 19, 2002, respectively, to H as the total purchase price for the F building site. From July 2003 to January 2005, Defendant D bears the construction cost of KRW 170,000 in relation to F building construction.

On the other hand, the plaintiff asserts that he had borne a considerable portion of the purchase price of the building site and the construction price of the building in this case, and that G witnesses G of the party who carried out the new construction project in this case has fully borne the purchase price of the land and the construction cost to be borne by him, while Defendant D did not fully pay the share of the construction cost to be borne by himself.

A receipt of land price of KRW 350 million submitted by the Defendant, which was issued by the Defendant, was also paid to the land owner H by himself and the Plaintiff at the time, and was not paid as Defendant D’s money.

The testimony seems to be consistent with the plaintiff's argument by offering testimony to the purport of "."

However, there are no other objective evidence to support the above testimony of G, and instead, there are many objective evidence to deem that Defendant D paid the price for the site of the instant F building, such as the provisional disposition registration established on the said site or building, and the cancellation of the provisional registration of the said site or building, and the registration of the establishment of the neighboring mortgage at its own expense, and the payment of considerable portion of the expenses related to the above F building development project, G is a relative with the Plaintiff, and Defendant D is a F building development project for Defendant D.

arrow