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(영문) 서울중앙지방법원 2015.06.03 2014나66221

부당이득금반환

Text

1. Of the judgment of the court of first instance, the part against Defendant B, C, and D shall be revoked, and each claim against the Plaintiff against Defendant B, C, and D shall be filed.

Reasons

1. Basic facts

A. The Plaintiff is a sexually out-of-the-counter doctor. In order to open a hospital around January 2013, the Plaintiff explained the above circumstances to Defendant E (licensed Real Estate Agent) and the building listed in paragraph (2) of the attached Table No. 1 (hereinafter “instant No. 201”) and the building listed in paragraph (2) of the same Table (hereinafter “instant No. 202”; when referring together with the instant No. 201, “each of the instant buildings”) were arranged by the said Defendant.

B. On February 8, 2013, the Plaintiff: (a) purchased each of the instant subparagraph 201 from Defendant B and C to March 31, 2015, with the intention to combine this building and use it as a single hospital building; (b) from Defendant D to KRW 100,000,000 per month; and (c) from Defendant B and C to March 31, 2015, the Plaintiff paid each of the instant subparagraph 202 from Defendant B and C to KRW 50,000,000,000,000,000,000,000,000,000,000 from the date of delivery; and (d) on the same day, Defendant C and C paid each down payment to Defendant D and KRW 5,00,000,000,000 from the date of delivery.

C. However, the area of the section for exclusive use on the building ledger is 201 square meters, 73.19 square meters, 202 square meters, 67.93 square meters, and 56.3 square meters, respectively, and the actual floor area is 201 square meters and 61.1 square meters, and 202 square meters and 50.3 square meters, respectively.

On March 26, 2013, the Plaintiff sent to Defendant D, B, and C a certificate of the purport that each of the above lease agreements is revoked on the grounds that the total floor area of each of the instant buildings does not exceed 40 square meters, and each of the above contents certification reached the above Defendants around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 5, Eul evidence 1 through 4 (including a provisional parcel number; hereinafter the same shall apply), the result of the survey and appraisal conducted by the appraiser F of the first instance trial, the purport of the whole pleadings

2. Determination as to each claim against Defendant B, C, and D

A. Each of the above lease agreements entered into between the Plaintiff 1 and the Defendants.