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(영문) 부산지방법원 2019.02.14 2017나6518
부당이득금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of housing construction business, construction business, civil engineering business, real estate sale and lease business, etc. The Defendant Company B (hereinafter “Defendant Company”) is a company established for the purpose of real estate sale agency business, development business, lease business, sale and purchase business, etc., and Defendant C is the representative director of the Defendant Company.

B. 1) The Plaintiff is a sectioned building of a total of 209 households on the ground except D of the race-si. (hereinafter “G” of this case.

(2) In the event that a provisional attachment, provisional disposition, etc. was made on a building without undergoing a pre-use inspection due to the financial difficulties, among the instant partitioned buildings between the Defendant Company and the Plaintiff Company on November 28, 2014, 98 households (34 square-type 8 households, 30 square-type 45 households, 24 square-type 45 households) held by the Plaintiff and the Plaintiff’s affiliate company, among the instant partitioned buildings, are as follows (hereinafter “instant contract”).

A) The Defendant C signed and jointly guaranteed the obligation under the above contract with the Defendant Company. The Plaintiff (hereinafter “A”) and the Defendant Company (hereinafter “B”) concluded a sales contract with respect to the real estate under Article 1 as follows. Article 1 (Indication of the subject matter of sale and purchase): Gyeongbuk-do, Gyeong-si, Gyeong-si, Gyeongbuk-do, Gyeong-si, Gyeong-si, Gyeong-si: 59.46m2 (45m2), 75m2 (45m2), 84.6m2 (8m2) of the apartment of this real estate is 98 households where “A” can be freely sold among the apartment units 209m2, and there is no approval of the provisional attachment, seizure, auction, lease on a deposit basis, establishment of a lease on a deposit basis, etc., and there is sufficient examination and verification of the progress of the auction procedure and the progress of the auction.

The purchase amount per unit of household shall be the amount.

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