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(영문) 서울동부지방법원 2014.12.03 2014나4684
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the whole purport of the pleadings in the entries in Gap evidence 1 to 4, evidence 6-1, 2, 3, Gap evidence 7, 8, Eul evidence 1 and 3.

C) On January 19, 2005, on the part of Yongsan-gu Seoul Metropolitan Government 1,144 square meters and 16 sections above ground, C’s share (hereinafter “instant real estate”) is the Defendant on January 19, 2005.

Article 3 (Payment Method of Sale Price): (1) Payment date of sale price after land transaction permission is made; (2) Payment at the time of registration of transfer of ownership after land transaction permission is made; Article 5 (Succession to Lease Contract); (1) The defendant succeeds to the lease contract with the lessee which is entered into by C; and (2) the lease deposit is included in the sale price. (2) Where the debt of C exceeds the value of this sale object due to any of the following causes, the contract shall be terminated retroactively to the date of the provisional attachment; (2) where the defendant fails to accept it; (3) where the defendant falsely makes statements to the defendant; and (3) loss to the defendant; and (4) where the defendant falsely makes statements to the defendant; and (3) loss to the defendant as of the date of the contract; and (4) where the defendant becomes aware that the claim was made within 10 million won, 100 days before the date of the execution of the sale contract with the creditor; and (1) the provisional attachment registration 100 days after the date of the provisional attachment; and 200 days after the execution date of the claim.

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