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(영문) 서울고등법원 2016.09.23 2015나2064528
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against C and D with the Seoul Western District Court Decision 2013Gahap2108, stating that “In the event that a sales contract between the Plaintiff and C is null and void or cancelled, C guaranteed the obligation to refund the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the Plaintiff.” Since C and D are unable to execute the sales contract and the Plaintiff cancelled it, they jointly and severally are liable to pay the Plaintiff the purchase price of KRW 240,00,000 and the delayed payment thereof.” On July 26, 2013, the judgment below became final and conclusive that “C and D jointly and severally paid to the Plaintiff 5% per annum from June 13, 2006 to July 9, 2013, and 20% per annum from the next day to the date of full payment,” and that the above judgment was rendered final and conclusive.

B. The defendant, on February 27, 2008, attached from MT Comprehensive Construction Co., Ltd.

1. On the same day, one building entered (hereinafter “instant building”) purchased KRW 9.5 billion and completed the registration of ownership transfer in the Defendant’s future on the same day, and on April 10, 2008, the instant building was attached thereto.

2. As described in, it shall be divided into eight sections of subparagraphs 1 through 8, 101 to 8, and the registration thereof shall be completed.

(hereinafter referred to as “the floor” is specified separately by the number of houses without stating “the floor.”

On the other hand, with respect to some of the instant buildings, provisional registration and cancellation registration under the name of E, the actual spouse of D, has been made in order as indicated in the following table. Since June 2, 2014, only provisional registration of Nos. 101, 501, 601, and 801 exists as to the partitioned building subject to registration date of the instant lawsuit, the instant lawsuit remains on February 2, 2010, respectively. On February 2, 2010, 201, No. 301, No. 401, 701, 801, May 16, 2013, 2013, the provisional registration cancellation registration of the said provisional registration cancelled on May 16, 2013.

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