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(영문) 수원지방법원 2017.11.23 2017나56292
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 2013, while the Defendant exercised the right of retention over 6 households of Jeong-gun C and D E Apartment (hereinafter “the instant apartment”), the Defendant filed an application for provisional injunction against disposal (hereinafter “provisional injunction”) with the Chuncheon District Court’s Young-ro Branch Branch Branching 2013Kahap134, and filed an application for provisional injunction on September 24, 2013. The obligee of the instant provisional injunction on September 24, 2013 shall not sell, donate, lease, lease on a deposit basis, mortgage, or lease against the real estate indicated in the separate sheet, and the order shall not be subject to any other disposal.

was received.

Although there are errors or expressions under the text of the agreement, there are some natural parts, the interpretation of the letter of agreement is controversial, and the text stating the parties is transferred.

A: Negotiated contract Party A: The representative director F. A and “B” shall enter into an agreement with respect to the provisional disposition and lien of real estate “E apartment” located in the Gangwon-do St. C and D, Ma, as follows:

- Contents of agreement -

1. “A” and “B” agree to KRW 48,00,000 on the “provisional Disposition and Waiver of Right of Retention” with respect to six households under the “E Apartment” Disposition Prohibition of Real Estate Disposition 2013Kahap134, Young-gun, Gangwon-do, where the building is located, with respect to the said six households, the “B” among the said “E Apartment” shall be transferred to “A”, and all rights thereunder.

2. “A” shall pay 18,000,000 won to “B” when receiving the application for the cancellation of the above provisional disposition and shall pay 30,000,000 won to “B” within two weeks from the date of the conclusion of the contract with the Korea Land Trust (State).

Provided, That where "A" fails to comply with the above matters, "B" shall proceed with a lawsuit for compensation for damages, such as the exercise of lien and provisional disposition, against the above households, and "A" shall not raise any objection.

3. Since the above matters have been agreed smoothly, all of them will be in the future.

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