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(영문) 서울고등법원 2017.10.13 2017나379
부당이득금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. On January 2, 2009, the Plaintiff calculated on January 2, 2009 the appraised value of five commercial buildings (hereinafter collectively referred to as “each commercial building of this case”) composed of the five commercial buildings owned by the Plaintiff (hereinafter referred to as “instant apartment buildings”) between the Defendant and the Defendant (hereinafter referred to as “instant apartment buildings”) at KRW 353,00,000, and the national bank’s credit against each of the instant commercial buildings was KRW 153,00,000,000, not set up a security under the name of the national bank as to each of the instant commercial buildings.

2.0,000,000 won equivalent to the remaining amount after deducting B from the Defendant was paid 176,00,000 won, excluding 24,000,000 won under the name of prior interest, etc.

On January 2, 2009, the Daegu District Court rendered a provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) to the Defendant as the receipt No. 26 of the receipt on January 2, 2009 with respect to each of the instant commercial buildings.

On March 9, 2009, the Plaintiff and the Defendant rendered a judicial compromise as follows in the case of a claim for the principal registration on a provisional registration No. 2009No. 63 of the Seoul Central District Court.

hereinafter referred to as "reconciliation of this case"

1. The Defendant is to receive KRW 353,00,000 from the Plaintiff until April 2, 2009, and to implement the procedure for the registration of cancellation of the provisional registration for the right to claim ownership transfer registration under the Daegu District Court’s receipt of registration office No. 26 on January 2, 2009 for each of the instant commercial buildings.

2. In a case where the Plaintiff fails to pay the above amount to the Defendant by April 2, 2009, the Plaintiff shall perform the principal registration based on the provisional registration of preservation of the right to claim for ownership transfer registration on the above real estate and deliver the said real estate to

With respect to the above loans made on January 2, 2009, the Plaintiff repaid to the Defendant an amount of KRW 50 million, which is difficult to conduct on May 2, 2009, and repaid the remainder KRW 150 million on May 24, 2010 and the principal and interest on the loan made on January 2, 2009.

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