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(영문) 인천지방법원 2020.06.18 2019나58806
보관금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. In the following facts, there is no dispute between the parties to the facts of recognition, Gap evidence 1-1-5, Eul evidence 2, Eul evidence 3-1-2, Eul evidence 4-1-5, Gap evidence 5, Gap evidence 7, Gap evidence 10-2, Gap evidence 13-1, Eul evidence 2, Eul evidence 5, Eul evidence 7, Eul evidence 12-2, Eul evidence 13-2, Eul evidence 14-3, Eul evidence 16-2, Eul evidence 20-3, Eul evidence 21-2, Eul evidence 21-1, Eul evidence 2-2, Eul evidence 13-2, Eul evidence 14-2, Eul evidence 16-3, Eul evidence 20-2, Eul evidence 21-2, and evidence 21-2, these facts can be acknowledged differently from the purport of the whole pleadings.

In around 2009, the Plaintiff requested the Defendant to recover the Plaintiff’s land owned by the Plaintiff, the ownership transfer registration of which was completed in the name of the Plaintiff clan (hereinafter “the Plaintiff’s land”) (hereinafter “the Plaintiff’s land recovery work”) (hereinafter “the Plaintiff’s land”).

B. For this purpose, the Plaintiff delegated the authority to manage and dispose of each of the above lands to the Defendant, and the Defendant, from around 2009 to 2012, ordered the Defendant to leave the seal imprint and remove the seal imprint to the Defendant whenever requested by the Defendant as necessary.

C. On July 8, 2009, the Plaintiff, along with the Defendant, purchased K in Incheon (hereinafter “K”) in 260,000,000 won, and transferred its ownership under the name of the Defendant. The land is to be used by the Plaintiff and to bear one half of each purchase price, and the amount to be borne by the Plaintiff is to be disbursed from the money kept by the Defendant as the work of searching for the instant land.

C The land has already been disposed of by a clan to a third party, and the Plaintiff received KRW 70,000,000, which is equivalent to the purchase price of the land from H, the representative of the clan, and remitted the above money to the Defendant on June 22, 2009.

E. The defendant shall appoint a lawyer M on March 25, 2009 and pay 3,000,000 won to the appointment cost, and N in the name of the plaintiff.

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