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(영문) 서울남부지방법원 2021.01.28 2020나54485
부당이득금
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the first instance are as follows. The reasons for the acceptance by the court are as follows: (a) the part of the judgment of the first instance is dismissed as “the part of the judgment of the second instance”; and (b) the Defendants’ assertion emphasized by this court is identical to the reasons for the judgment of the first instance, except for the addition of the following “3. Additional Judgment”, and thus, (c) it is acceptable in accordance with the main sentence

2. The phrase “a contract” shall be deleted on the following 2 pages:

3 Myeon 10’s promise to “instant promise” to “the instant confirmation document.”

4 The parts of face [based grounds for recognition] are as follows:

[Grounds for Recognition] In the absence of dispute, Gap evidence Nos. 1 through 16, Eul evidence Nos. 3 and 7 (including each number number), the whole purport of the pleadings, and the whole purport of the pleadings] 6, the defendants agreed that the management expenses before July 17, 2018 shall be borne by the plaintiff regarding F's unpaid management expenses between the above management unit and the above management unit after the defendants became the owner of the real estate of this case.

Even if the agreement does not naturally affect the Plaintiff, the agreement alone does not mean that the Defendants are relieved of their obligations under the instant confirmation document.

6 For the following reasons, the Plaintiff’s “in the process” shall be deleted:

3. Additional determination

A. The Defendants asserted that the content of the instant confirmation that the Defendants are liable to pay the transfer income tax imposed on the Plaintiff is in violation of good morals and other social order, and thus null and void pursuant to Article 103 of the Civil Act.

The Defendants concluded the instant sales contract in violation of the relevant statutes, such as the Act on Special Measures for Registration of Real Estate.

Even if the legal effect of the instant sales contract cannot be deemed null and void, and the Defendants agreed to the effect that the Defendants are responsible for the transfer income tax to be imposed on the Plaintiff under the instant agreement entered into in addition thereto.

(b)if any;

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