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(영문) 수원지방법원 2014.11.06 2014나17708
부당이득금반환
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

1. The plaintiff's assertion on his behalf asked the defendant to accept the auction procedure for the above real estate under the name of the defendant and send 16,80,000 won to the defendant as the guarantee amount for sale, upon requesting the defendant to accept the auction procedure for the above real estate under the name of the defendant, which is the father's father. Since the auction court decided not to permit the sale of the highest price against the defendant and decided to refund the guarantee amount to the defendant, the defendant is liable to pay the above 16,80,000 won and damages for delay.

According to the overall purport of pleadings, Gap's evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 5, 6, 7, Eul evidence Nos. 8-1 through 4, and Eul evidence Nos. 8-4, and Eul's testimony, the whole purport of the pleadings is as follows: (a) from the account in the plaintiff's name to the defendant's name on Nov. 7, 2013, the defendant was remitted from the account in the plaintiff's name; (b) the defendant participated in the auction procedure of real estate rent real estate progress to Suwon District Court E on Nov. 14, 201 but was decided not to allow the highest sale on Nov. 25, 201, and was returned KRW 16,792,90,00 to the plaintiff on Nov. 25, 2013; and (c) the defendant was requested by his father F of the plaintiff on the auction procedure after receiving the above participation by his father, but was returned to the plaintiff.

2. In conclusion, the plaintiff's claim of this case against the defendant is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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