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Reasons
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(영문) 수원지방법원 2014.10.14 2014나16286
부당이득금반환
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1. The plaintiff's appeal is dismissed.

2. The Plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff agreed with B and C to lend money to B and C, but if B and C fail to repay the money by the due date, the Plaintiff agreed to pay each real estate listed in attached Tables 1 and 2 and 3, 4, and 5 of attached Tables B and B owned (hereinafter “each real estate of this case”) to the Plaintiff.

B. In accordance with the above agreement, the Plaintiff completed the provisional registration of ownership transfer right claim (hereinafter collectively referred to as the "provisional registration of this case") with respect to each real estate listed in the separate list Nos. 1 and 2 as stated in the separate list No. 20802, Sept. 17, 2007, which was received as of September 14, 2007, with respect to each real estate listed in the separate list No. 3, 4, and 5 as of September 17, 2007, as of September 20803, which was received as of September 17, 2007, and as of September 14, 2007, the provisional registration of ownership transfer as of each real estate listed in the separate list No. 1 and 2, as of December 18, 2007, with respect to each real estate listed in the separate list No. 25688, Nov. 19, 2007; and completed the registration of ownership transfer as of each of the same real estate under the separate list No. 157.

As above, the Plaintiff filed an acquisition tax return with the Defendant while completing the principal registration of this case, and thereafter, paid the acquisition tax of KRW 14,709,450, registration tax of KRW 14,079,450, and KRW 2,815,880, total of KRW 31,604,780 (= KRW 14,709,450, KRW 14,709, KRW 450, KRW 2,815,880).

C. B and C filed a lawsuit with the Suwon District Court 2008Gadan234 on Jan. 2, 2008 to the effect that they comply with the procedure for the cancellation registration of the principal registration of this case against the Plaintiff. The above court on May 13, 2008 filed a provisional registration of this case on May 13, 2008.

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