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(영문) 의정부지방법원 2015.10.02 2015나51389

부동산인도 등

Text

1. Of the judgment of the court of first instance, the part against the defendant Nam-si shall be revoked, and the plaintiffs corresponding to the above revoked part shall be revoked.

Reasons

1. The plaintiffs within the scope of the judgment in this Court claimed ① the removal of the instant facilities and buried articles against Defendant C and C, and the payment of damages and unjust enrichment against Defendant C and D, ② the removal of the instant building, the delivery of each real estate listed in the attached list, the compensation for damages, and the payment of unjust enrichment against Defendant C and D respectively. The court of first instance dismissed the claims under the above (1) and the claims for collection against Defendant C and D, and the claim for collection against Defendant D and the payment of money against Defendant D and C were dismissed, respectively. (2) The claims for removal against Defendant C and the claims for delivery against Defendant C were partly accepted, and the claims for removal against Defendant C and D were partially accepted (the simultaneous performance claims against Defendant C were accepted and repaid), and the claims for removal against Defendant C and D were dismissed, and the claims for payment against Defendant C were dismissed.

As to this, the plaintiffs and the defendant Nam-ju only appealed against each of the above lost parts, the subject of the judgment of this court is limited to the request for extradition against the defendant C, the request for removal against the defendant D, and the request for payment of money against the defendant C and D among the claims under the above paragraph (1) and (2).

2. Facts of recognition;

A. Sale of the real estate listed in paragraph (1) of the attached Table 1) the real estate listed in Paragraph (1) of the attached Table 1 (hereinafter “instant land”).

(2) The Plaintiff, G, and F have been designated as a land transaction permission zone pursuant to Article 117 of the National Land Planning and Utilization Act. (2) The Plaintiff, G, and F jointly purchased a household building on the instant land and its ground specified in paragraph (2) of the attached Table, which was constructed on the instant land (hereinafter referred to as the “instant real estate”), and agreed that the Plaintiff shall jointly own the instant real estate at the share ratio of 45/100, G 30/100, and F 25/100, and around April 2, 2004, the price of the instant real estate from E is KRW 290 million.