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(영문) 창원지방법원 통영지원 2017.02.09 2016가단22003
부당이득금
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to Defendant D’s defense prior to the merits

A. Defendant D’s defense prior to the merits cannot be the object of the instant lawsuit.

B. The judgment is based on the following: (a) in a lawsuit for performance, the Plaintiff’s standing as a party itself is the Plaintiff’s claim; and (b) such judgment is absorptioned into the judgment of the propriety of the claim; (c) the claimant for his claim for performance is a legitimate Plaintiff; and (d) the alleged claimant as the obligor is the lawful Defendant (Supreme Court Decision 94Da14797 delivered on June 14, 1994). Accordingly, Defendant D’s defense prior to the merits is rejected.

2. Judgment on the merits

A. Basic facts 1) Defendant B and C indicate the location of the land at macrosi F (hereinafter referred to as “the location of the land”), barring any special circumstance, the “Won-si G” is omitted, and only the “road number below H” is indicated.

The registration office of the Changwon District Court (hereinafter referred to as “resident registration office”) with respect to each one-half share.

(2) Defendant B and C completed each registration for the transfer of ownership on February 14, 2011 as the receipt No. 7526, respectively. (2) Defendant B and C completed each registration for the transfer of ownership on each one-half portion of I, respectively.

3) Defendant D entered into a mutual investment agreement with the content that I purchased the land of Defendant B, C, and C in order to create and sell high added value in the course of developing and selling development activities on March 9, 201 with respect to the shares of 248/7240 among the shares of Defendant C and 248/7240 among the shares of Defendant C, and each registration for ownership transfer was completed on March 9, 201 by the competent registry office, which was received on March 9, 2011.

5) As a sales agent for Defendant B and C, Defendant E is a sales agent for Defendant B and C, and around 201, the Plaintiff is 210,000 square meters of land 412 square meters and road 82.64 square meters (hereinafter “instant sales price”).

(c) contracts with respect to sale in lots (hereinafter referred to as "contract");

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