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(영문) 서울고등법원 2020.06.17 2019나2047781
수분양권 매매계약 무효확인
Text

1. The part against the plaintiff (Counterclaim defendant) among the part concerning the counterclaim of the judgment of the court of first instance shall be revoked, and that part shall be revoked.

Reasons

The reasons for this Court’s acceptance of the judgment of the court of first instance are as follows, with the exception of the addition of the following “2. Additional Determination” as to the assertion that the Defendant emphasizes or adds to this Court, and therefore, it is identical to the reasons for the judgment of the court of first instance. Accordingly, this Court shall accept it as it is in accordance with the main sentence of Article 4

▣ 제1심 판결문 제7면 제18행과 제19행 사이에 다음과 같은 기재를 추가한다.

[4] In full view of the purport of the arguments in Gap evidence No. 8 and Eul evidence No. 13 as to the plaintiff's ground for repayment, it is recognized that the plaintiffs deposited their respective principal and interest pursuant to the Seoul Central District Court's ruling No. 2623,725 won (i.e., principal and interest 79,325,750 won x 4,707,975 won x 79,725 won) as to the plaintiff's claim for return of unjust enrichment from the court of first instance x 79,03,725 won [the above amount of the plaintiff's claim for return of unjust enrichment x 79,03,725 won x 750 won [the defendant's claim for damages for delay x 25,750 won x 25,719.25 x 5,205 won x 5,2015 won x 5,2019].

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