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(영문) 수원지방법원 2019.01.18 2018나67886
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

The defendant's assertion in the court of first instance is not significantly different from the defendant's assertion in the court of first instance, and in light of the evidence submitted in the court of first instance (the defendant did not submit new evidence to this court), and the fact-finding and judgment in the court of first instance are recognized as legitimate.

This court's reasoning is as stated in the reasoning of the judgment of the court of first instance, except for the parts written by the court in February below, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. The part to be used by the court is to include "..." from "......" to "......" to the same 15 lines as "......"

“A. D. The part that was not successful in the compulsory auction procedure and the public auction procedure for the instant land among the portion of exclusive ownership of the instant apartment in order for C to fail to pay the indemnity amount, and entered into a sales contract on each of the instant apartment on April 22, 2013 with I (hereinafter “I”). Thereafter, on January 13, 2015, the Plaintiff acquired the ownership right (excluding the part not successful in the compulsory auction procedure) of the instant apartment (excluding the above part) of the instant apartment among the instant land from I, and completed the registration of ownership transfer with respect to the portion of the instant apartment site in the name of the Plaintiff. The fourth to the judgment of the first instance, “A. 1 through 9” of “A. 1 through 9” of the fourth to the judgment of the first instance shall be changed to “Evidence 1 through 9, A. 11 and 12”.

The "(a) The right to claim restitution of unjust enrichment" in the fifth 1st judgment of the court of first instance shall be subject to the following order to the same 16 lines "............."

A. Since the owner of a section of exclusive ownership who does not have the right to claim the return of unjust enrichment occupies the site of the section of exclusive ownership without any legal ground, the area corresponding to the share to be registered as the site of the said section of exclusive ownership among the said site.

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