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(영문) 서울북부지방법원 2016.10.18 2015나33630
약정금 반환
Text

1. The plaintiff's second preliminary claims added from the trial before remand and expanded from the trial after remand.

Reasons

1. After remanding the case, the plaintiff at the first instance court brought a claim for reimbursement of the agreed amount and the conjunctive claim for damages due to non-performance of obligation. The court of first instance dismissed both the plaintiff's primary claim and the conjunctive claim, and the plaintiff appealed.

In the trial before remanding, the plaintiff changed the previous preliminary claim to the first preliminary claim, added the second preliminary claim to the return of unjust enrichment, and the court of first instance rendered a judgment dismissing both the plaintiff's appeal and the second preliminary claim, and the plaintiff appealed.

The Supreme Court dismissed the plaintiff's appeal with respect to the primary claim and the primary claim, and reversed the judgment of the court before the remanding, and remanded it to the party member with respect to the secondary and preliminary claim of the plaintiff.

As such, the plaintiff's primary claim and the first preliminary claim were separated and finalized by the above decision of the Supreme Court on the reversal and return.

Therefore, the scope of the trial of the party shall be limited to the second preliminary claim.

2. Facts of recognition;

A. On December 2, 1997, the Plaintiff was a party to the sales contract as to 1,398 square meters for the land of this case (hereinafter “instant land”) and entered into a sales contract with E, its owner, and completed the registration of transfer of ownership with respect to the instant land in the future of F on February 16, 1998, pursuant to the three-party registered title trust agreement with the purport to have the title registered under one half of the sales price borne by F.

B. On April 9, 2007, the mediation date of F and C’s judicial divorce case (In Jincheon District Court 2006Ra18693), including “F and C are divorced, and F are paid 35 million won as consolation money, and F is implementing the procedure for ownership transfer registration on the land of this case based on the division of property on the date of the mediation.”

C. As to the instant land, September 27, 2007: C on April 9, 2007.

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