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(영문) 서울고등법원 2019.09.26 2019나2017414
약정금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. This part of the judgment of this court is based on the reasoning of the judgment of the court of first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. As to the Plaintiff’s assertion, the part necessary for the construction and sale of access roads to H land owned by the Plaintiff is also required for the construction and sale of new housing on K, L, and P land owned by the Defendants, and the Defendants and the Defendants agree to pay KRW 559,80,000 to the Plaintiff after the completion of the construction and sale of the said housing, on the ground that when the Plaintiff and the Plaintiff paid various construction costs, authorization costs, and permission costs, etc. necessary for the said access road construction to R, the Defendants agreed to pay the said expenses to the Plaintiff.

However, as alleged by the Plaintiff, there is no evidence to prove that the Plaintiff and the Defendants agreed to pay the Plaintiff the expenses paid to R for access to the Plaintiff’s land directly to the Plaintiff.

(Decree) Even if R used part of the aforementioned money as a source for the Defendants’ aforementioned land and housing, it cannot be deemed that the Defendants directly pay the said money to the Plaintiff on the sole basis of the foregoing circumstance, separate from R and the Plaintiff, or the respective legal relations between R and the Defendants. Accordingly, the Plaintiff’s assertion cannot be accepted.

3. The plaintiff's claim shall be dismissed in its entirety as it is without merit, and the judgment of the court of first instance is justified as the conclusion is consistent with this, and all of the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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