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(영문) 서울남부지방법원 2016.07.21 2015나58025

부당이득금

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

The first instance court.

Reasons

1. The reasons why a party member of the court of first instance should explain this case are " difficult." Subsequent to the ground of appeal No. 6 of the first instance judgment No. 3, ". 4, the reason why the Defendants did not consent is that the application for the construction permission was made by the Plaintiff, not the Plaintiff, but the Plaintiff, as the owner of the land, and thus does not meet the purpose of the security trust contract (Evidence No. 3-4) (Article 9 (1) of the Special Agreement). Thus, the application for the construction permission to use a new real estate trust between the Plaintiff and the new real estate trust is also against the agreement that the Plaintiff bears all responsibilities for the construction permission of the ground building under the security trust contract between the Plaintiff and the new real estate trust (Article 9 (1) of the Special Agreement). Thus, it was impossible for the Defendants to consent from the new real estate trust to the Plaintiff, which is the owner of the land under the premise that the Plaintiff’s consent to the use of the land was obtained from the new real estate trust with the consent of the Plaintiff No. 2, the land owner. 30. 15 months. . 4.

2. If so, the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.