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(영문) 대전고등법원(청주) 2014.03.18 2013나1120
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

3. The first instance.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: “290 million won” under Section 3 of the first instance judgment; “290 million won” under Section 4 of the fifth instance judgment; “in lieu of performance” under Section 15 of the fifth instance judgment; and “in lieu of performance” under Sections 6 and 21 of the sixth instance judgment (hereinafter “in front of the performance of the obligation in lieu of the payment of intermediate payment by the Plaintiff”), other than adding the contents under Sections 20 and 21 of the sixth instance judgment, the reasoning for the first instance judgment is as stated in Section 1 of the “basic fact” under the main text of Article 420 of the Civil Procedure Act. Thus, this part is cited as it is,

[Supplementary Contents] 3) On May 20, 207, with respect to the land Nos. 1, 3, 4, and 5, which can be permitted to obtain permission for a land transaction contract in the Plaintiff’s name among each of the instant lands, the Defendant and G drafted a sales contract with the purchaser of the Plaintiff, the purchase price of which is KRW 88,500,000,000 for the land, and with respect to the 6, 7, and 8, which cannot be permitted to obtain permission for a land transaction contract in the Plaintiff’s name, the purchaser of the land, G, and the sales contract with the purchase price of KRW 31,50,000 for the 1, 3, 4, and 5,000 for the land, respectively.

On the other hand, the sales contract for the lands of 6, 7, and 8 includes the down payment amounting to 31.5 million won and the balance amounting to 280 million won, but the remainder payment date is not specified.

2. With respect to this part of the claim, the court's reasoning is as stated in Paragraph (2) of the reasoning of the judgment of the court of first instance, since it stated in the main text of Article 420 of the Civil Procedure Act that "the portion of the judgment on the claim for the main claim" is the same as that of Paragraph (2) of the reasoning of the judgment of the court of first instance, since it stated in the main text of Article 420 of the Civil Procedure Act.

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