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(영문) 서울남부지방법원 2015.12.04 2014가단64565
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff against the Defendant, as Seoul Southern District Court 2001Gahap7163, the Seoul Southern District Court 2001Kahap7163, the Plaintiff is deemed to be the Plaintiff’s land at the Guro-gu Seoul Metropolitan Government Seoul Metropolitan Government 407 Mam240,000, the D 46 Mabro 77 square meters on March 29,

(3) The Defendant filed a lawsuit seeking the registration of ownership transfer or the cancellation of registration of ownership preservation with respect to the above land and building under the name of the Defendant, asserting that the above land and building were owned by or constructed on one’s own money, and that the above land and building were owned by or constructed on one’s own money, and the Defendant filed a counterclaim seeking the delivery of part of the above building under the name of the same court No. 2011

B. On December 20, 201, the court of first instance accepted the Plaintiff’s claim and rendered a judgment dismissing the Defendant’s counterclaim. The Defendant appealed as Seoul High Court 2002Na7468, and 7475 (Counterclaim), but the appellate court dismissed the Defendant’s appeal while maintaining the first instance judgment on August 30, 202, based on the testimony of F and G, which was a witness of the first instance trial, as the Plaintiff and the Defendant’s penalty.

C. In other words, the Defendant filed a final appeal with Supreme Court Decision 2002Da56062 (principal lawsuit), 2002Da56079 (Counterclaim), but the Supreme Court dismissed the final appeal on February 11, 2003 and the judgment of the first instance became final and conclusive.

On November 25, 2011, according to the complaint filed by the Defendant on November 25, 201, the prosecution was instituted against the Plaintiff and F, etc. on June 30, 2003 due to fraudulent testimony. On June 29, 2004, the Seoul High Court sentenced the Plaintiff, from June 29, 2004, 3 years of suspended execution to 2 years due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and F, 2 years of suspended execution to 1 year and 6 months of imprisonment for the same crime and perjury.

E. Based on the judgment of conviction of perjury against F, etc. on July 19, 2004 rendered by the Defendant, the judgment of the civil appellate court was issued by the Seoul High Court 2004 Jinna278 (main office) and 2004 Jinna285 (Counterclaim).

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