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(영문) 서울고등법원 2017.12.22 2015나2045800

부당이득금

Text

1. The plaintiff (Counterclaim defendant)'s claim of the principal lawsuit and the counter-claim of the defendant (Counterclaim plaintiff) raised at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On April 28, 2008, the Plaintiff entered into a sales contract with the Defendant on April 28, 2008 (hereinafter “C land”) and the Defendant, as the Plaintiff owned, three square meters in Pakistan-si 214.3 square meters (hereinafter “C land”).

(ii)The present status of reinforced concrete buildings which were constructed on and above the ground (the completed buildings are as shown in the annexed list.

As completed buildings (hereinafter referred to as “C building,” “C Land and Building,” “B” is called “C real estate.”

2) As to the instant sales contract (hereinafter “the instant sales contract”)

(2) In concluding the instant sales contract, the Plaintiff and the Defendant did not set the sales price, and did not pay charges such as mortgage, superficies, provisional seizure, unpaid national taxes and public charges, including local taxes, which are established on the land C in place of payment of the sales price, and agreed to register the ownership transfer of C real estate upon completion of the instant building.

3) Upon entering into the instant sales contract, the Plaintiff provided the Defendant with “the schedule of the estimated repayment amount (No. 3; hereinafter “the instant schedule”) as indicated below, stating the Plaintiff’s obligation details to be succeeded to with respect to the land,” as follows. On April 28, 2008, the receipt date of a certified copy of C’s land registry (matters to be cancelled) and the amount claimed by the holder of the right to the registration (the original non-high-end Party A-3, October 28, 200-10, KRW 10,000-4, KRW 2,510,570 on December 10, 201, KRW 200, KRW 200, KRW 30,570 on August 13, 2003, KRW 200-5, KRW 30,570 on May 28, 200-5, KRW 200-5, KRW 208-16,57.