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(영문) 서울북부지방법원 2018.05.29 2017나3671
분양대금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

(a) The facts subsequent to the facts do not conflict between the Parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1, 2, 4, and 5, and Eul evidence Nos. 1 and 2;

On December 31, 1992, the defendant drawn up with the plaintiff, each of the following contents (hereinafter referred to as "each of the instant notes"), and on the same day, a notary public notarized each of the instant notes as 3717, 192, as Do joint law office.

각서인 甲 피고 乙 원고 * 공증의 물건 : 서울시 강남구 E 재건축 아파트 사업내 35坪 아파트 1가구 * 공증의 내용

1. In carrying out the business of the above article, the defendant shall succeed to the G (main) obligation and sell to B the article at the same time without any condition of the above domicile.

2. Recognizing that as of the date of notarial acts, a certificate of deposit for the full amount of the proposed sale of the above goods has been issued and that A has been received by a notary public from B.

3.E from the date of notarial acts, A shall assume all civil and criminal responsibilities against B.

4.A notary public and B shall cooperate with each other in a thickness so that the project is undertaken smoothly.

The plaintiff who was the person who would sell the apartment of the apartment of the apartment of AF reconstruction association

B. On December 31, 1992, a receipt of the following contents (hereinafter “instant receipt”) was drawn up.

영수증 원고 貴下 일금 일억삼천삼백만원정 133,000,000원 위 금액을 정히 영수합니다.

On December 31, 1992, a person who is engaged in a housing project division in the F Housing Association ( sealed) red elevator corporation ( sealed) division.

1.This receipt shall have the chief of the partnership, the official seal and seal of the executive organ, and the handler.

2. In addition to this receipt, any form of letter of apology shall be null and void.

3.This receipt shall be null and void.

C. On June 28, 2008, the Plaintiff transferred to C the claim amounting to KRW 133,000,000 against the Defendant.

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