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(영문) 인천지방법원 2016.09.21 2016나55806

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of the court's reasoning on this case is as follows: "The defendant filed a lawsuit in this case" in the third 18th of the judgment of the court of first instance, "The defendant filed a lawsuit in this case." The defendant filed an application to transfer real estate on October 25, 2012, Incheon Seo-gu Incheon District Court 2012No. 4373, which was based on the judgment of the court of first instance, to transfer the above land to the obligee on October 25, 2012. The letter of real estate delivery execution prepared in relation to the above delivery execution was notified that the obligor B should be delivered at the execution place, but the same did not comply with this, the above person's agent G participated in the execution and the obligor's possession of the execution object, and the execution officer takes possession of the obligor's agent G, and the obligor's employee H and the obligor's intellectual Do governor affiliated with the Korea Cadastral Headquarters of the Korea Intellectual Property Corporation, which was indicated as a boundary mark and delivered the obligee's land to the obligee."

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

【Judgment on Additional Claim】

A. The summary of the Plaintiff’s assertion (1) is as follows: Seoul High Court Decision 2009Na27782 (Main Office), 2009Na27799 (Counterclaim).

A. The judgment of the court of first instance is modified as follows: (a) the Defendant (Counterclaim Plaintiff) removes 247 square meters from the number of seats installed in the part caused by a disaster in the ship, which is located in the order of priority among the items in the attached Form 21, 28, 29, 30, 31, 32, 12, and 21 attached to (a) Seo-gu Incheon, Seo-gu, Incheon; (b) remove 28,20,33, 9, 10, 11, 32, 31, 30, 30,000 square meters from the number of seats installed in the part caused by a disaster in the ship (b).