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(영문) 수원지방법원 2018.01.11 2017나8057
부당이득금
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. The following facts do not conflict between the parties, or each entry in Gap evidence 1 and Gap evidence 2-1 to 3 may be admitted as a whole by integrating the purport of the entire pleadings (including the facts in this court).

The Plaintiff purchased 39,818 square meters of Gu Do Do Do Do Do Do 39,818 on September 8, 2006 and completed the registration of ownership transfer in the name of the Plaintiff on October 31, 2006. On the above forests, there were 60.30 square meters and 1.20 square meters of the block structure housing built around 1985 by E in terms of the block structure, string roof, which was built around 1985.

B. On December 21, 2006, the Plaintiff filed a provisional injunction against the removal of the instant building with Suwon District Court 2006Kadan1781, and on December 28, 2006, the Plaintiff received a decision to accept the Plaintiff’s application from the above court (hereinafter “the instant provisional injunction order”). On January 9, 2007, the Plaintiff filed a lawsuit against Suwon District Court 2007Gadan1834 against E seeking the removal, etc. of the instant building. The said lawsuit is deemed to be “the instant adjustment” including that “E delivers the instant building to the Plaintiff by August 30, 2007, and the Plaintiff shall pay KRW 20,000 to the Plaintiff.”

It was concluded upon this establishment.

C. On August 30, 2009, E did not deliver the instant building to the Plaintiff by August 30, 2009, as stipulated in the instant coordination, and the Plaintiff did not pay KRW 20,000,000 to E.

On January 20, 2010, E sold the building of this case to Defendant B and F in KRW 20,000,000, and delivered it.

On September 6, 2012, based on the instant provisional disposition order, the Plaintiff obtained an execution clause for succession to the instant conciliation with respect to Defendant B and F through the Suwon District Court Decision 2012Kaman930, and continued to hold the Seoul Central District Court Decision 13324 in June 27, 2013.

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