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(영문) 서울북부지방법원 2018.09.13 2018나31482

부당이득금 반환

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the instant case, is the same as the ground of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

On September 21, 2005, the apartment of this case was issued a building permit on September 21, 2005 with the name of "G apartment" in Part 2, Part 11, and "the apartment of this case was issued a building permit on September 21, 2005 with respect to the apartment of this case".

Part 2, 15-17 provides that "In accordance with each of the above supervision reports, the standard and structure of stairs installation, ceiling, lighting, and ventilation of living room, floor of living room, boundary, and partition walls structure are all in conformity with the relevant Acts and subordinate statutes." According to each interim supervision report from August 4, 2006, September 10, 2006, and October 21, 2006, each interim supervision report from October 21, 2006, the standard and structure of each of the stairs installation standards and structure of the apartment of this case at the time of the above interim supervision report, ceiling, bond, air ventilation, dwelling room floor, boundary, and partitions structure of the apartment of this case are all stipulated in the relevant Acts and subordinate statutes. On the other hand, among the apartment of this case, the sales contract was concluded on August 10, 206, among the apartment of this case, the sales contract was concluded."

The evidence submitted on the fourth page [based on recognition] shall be considered as the "written evidence of Nos. 1 through 6, No. 1, 2, and 3 (including the number of branches)".

Part 6, "A building permit has been obtained," in Part 5, add "The sales contract was concluded on August 10, 2006 with respect to the 5th floor H and 5th floor I of the apartment of this case,"

From September 21, 2005 to August 10, 2006, the sales contract was concluded with the owner of the instant apartment on August 10, 2006, where the main purpose of the apartment of this case was multi-family housing and the construction permission was issued on September 21, 2005 to 17.