부당이득금
1. Of the judgment of the first instance court, the part against the Defendants in the judgment is modified as follows.
Defendant C on 19,97
1. The reasons for this Court’s explanation on this part of the facts of recognition are as follows: “Defendant B”, “B”, “B”, “B”, “B” and “B” Defendant D “A,” and “B”, except for adding the following judgments, they are as stated in the corresponding part of the judgment of the first instance court, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The defendants asserts that the title of No. 1 (Guarantee) was forged by the plaintiff, etc.
However, even if compared to Gap evidence No. 1, each of the defendants' names is identical to the defendants' respective seals according to Gap evidence No. 2 (a sales contract) where the defendants' authenticity is acknowledged (the defendant D also acknowledged that the above defendant's name side's identity is the same as Gap's above defendant's name's side seals according to Gap evidence No. 2 in light of Gap's evidence No. 1 in the legal brief dated November 25, 2014). Thus, since Gap evidence No. 1 can be recognized that each of the defendants' names side's seals are based on the defendants' respective seals, the authenticity of the part of the defendants' names among Gap evidence No. 1 is presumed to be established.
In addition, the above-mentioned facts and evidence Nos. 2, 3-2, 5, 8, and 18, and each fact-finding with respect to the licensed real estate agents N in the original trial, the following circumstances are revealed.
① The court of first instance acknowledged that the Defendants’ legal representative (ex officio September 13, 2013) stated a preparatory document on June 12, 2013 on the date for the first pleading (the date of August 21, 2013) (the date for the first pleading (the date of August 21, 2013) and agreed to set up a collateral security right of KRW 300 million with respect to F housing at the time when E wishes to purchase the F housing and sell it to the Plaintiff in the household located in G, while E wishes to sell it to the Plaintiff.
② In the first instance trial, the Defendants and B were designated as the designated parties.