(영문) 광주지방법원 2015.03.27 2014나9935 | 리걸엔진

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Reasons

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자간(%)

(영문) 광주지방법원 2015.03.27 2014나9935

건축비반환

Text

1. The plaintiff's appeal and the additional claim in the trial are dismissed, respectively.

2. The costs of appeal and the costs of appeal shall be considered in the trial.

Reasons

1. The reasoning for the court’s explanation of this case is as follows. In addition to adding a determination of a new argument concerning the main claim added by the plaintiff to the trial of the court of first instance to Paragraph 2 and Paragraph 3, it is identical to the part concerning the main claim of the judgment of the court of first instance, and thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From the second side to the second side, the plaintiff "the transferor" shall be deemed to be the "the defendant", and the "the defendant" shall be deemed to be the "the transferee".

At the bottom of Part 2, the term “satisfe” shall be added to the following:

At the bottom of Chapter 2, "The 2nd 2nd Sheet 1 (including paper numbers; hereinafter the same shall apply), and Eul's 4, and the purport of the whole pleadings" are as follows: "The fact that there is no dispute, Gap's 1, 3, Eul's 2, 3, and 4 (including paper numbers; hereinafter the same shall apply)" and "the purport of the whole pleadings."

2. Judgment on the claim for cancellation of the primary claim

A. The Plaintiff’s assertion 1) concluded a sales contract with the Defendant on the store of the instant building and paid KRW 55 million for the construction cost. As such, the Defendant is obligated to have the Plaintiff sell the instant building and perform funeral services, and the Plaintiff is obliged to pay the share transfer registration of the instant building to the Plaintiff. (2) However, since the Defendant did not perform its obligations, the Plaintiff cancelled the sales contract.

3) Therefore, the Defendant is obligated to return to the Plaintiff KRW 55 million and interest thereon, etc. to its original state. (B) First, the Plaintiff and the Defendant concluded a sales contract on the store of the instant building between November 23, 2009 and January 15, 2010, and the Plaintiff paid KRW 55 million to the Defendant. The instant case was made between the Plaintiff and the Defendant on January 15, 2010.

참조조문

-민사소송법 제420조

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