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(영문) 광주고등법원(전주) 2020.07.02 2019나12515
손해배상(기)
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 reasons for the acceptance of the judgment of the court of first instance are as follows, given that the reasoning for the judgment of the court of first instance is the same as the reasons for the judgment of the court of first instance, except for dismissal or addition of the following:

The third 20th 20th Appellate decision was prepared and submitted "...."

The fourth fourth sentence of the first instance court's decision was prepared and delivered "......."

The fifth to fourth of the judgment of the court of first instance shall be as follows.

Defendant B received the proceeds of the transfer of business rights of the apartment in this case from Defendant C and the sales proceeds according to the sales contract in this case, but it must be reverted to D, the business owner and owner of the apartment in this case. Therefore, Defendant B is obligated to pay the amount equivalent to the above payment as compensation for unjust enrichment return or tort. The summary of this 17th 5th 17th 1 of the judgment of the first instance court is “Defendant C’s main text of the main defense of safety.”

The 6th to 7th of the judgment of the first instance court shall be as follows.

[2] As alleged by the Plaintiff, D, separate from the claim for construction price, is obligated to supply each of the instant apartment buildings to the Plaintiff according to the instant supply contract.

Even if the damage claim due to the impossibility of the performance is completed, the extinctive prescription of the above damage claim has expired since the five-year period from December 30, 2004 when the preservation registration was completed by the creditor for the apartment of this case by the creditor.

Defendant B and Defendant C after November 16, 2007, “Agreement on the Transfer of Land, Business Right and Right of Retention” (hereinafter “Agreement on the Transfer of Business Rights”) on November 16, 2007.

In the above arrangement, the defendant B is entitled to land E in the Gunsan City, which is the owner of LS Co., Ltd., and is located on the land above.

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