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(영문) 수원지방법원 2020.10.22 2019나89654
추심금
Text

The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport:

Reasons

1. The grounds for this part of the claim are as stated in the corresponding part of the judgment of the first instance, except for the modification as follows. Thus, this part of the basic facts of the claim shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) Under the second instance judgment, the judgment of the first instance court was rendered, and the judgment was modified to “the judgment was rendered on August 24, 2017.”

(2) During the third seventh anniversary of the judgment of the court of first instance, “B (hereinafter “B”)” is amended to “B (IB; hereinafter “the network”).

(3) The 11th and 12th of the judgment of the first instance are amended as follows.

“E. On October 29, 2016, the Deceased sold the instant apartment at KRW 320 million to Nonparty H. At the time, H, the lessee of the instant apartment, determined the instant apartment from the Deceased to November 11, 2013, and leased the instant apartment from November 11, 2015, and died on July 4, 2014 during the lease period. Since then, the instant apartment was deemed to have been left in public room, the Deceased acquired the lease deposit at KRW 250 million and the lease deposit at KRW 50 million from February 25, 2015 to February 25, 2017, and paid KRW 500,000,000,000,000,000,000 from January 25, 2015.

hereinafter referred to as "the sales contract of this case"

2) The Deceased received KRW 31 million from H to the bank account in the name of the Deceased and received KRW 38 million from Nonparty K via Nonparty K, who arranged the instant sales contract, around February 2017 (the sum of KRW 69 million was withdrawn by cash or check around the date of each remittance).

On November 9, 2016, H completed the registration of ownership transfer for the instant apartment.

Since then, the Deceased was living in the hospital from November 22, 2016 to July 20, 2017 and from August 29, 2017 to February 21, 2018.

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