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(영문) 수원지방법원 2019.05.14 2018나13940
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s grounds of appeal cited in the judgment of the court of first instance are that the Plaintiff comprehensively succeeded to the buyer’s status under the sales contract as to the instant purchase right or the right of preference to stores between the Defendant and the F, and even if not, the Plaintiff acquired the F’s claim for return of unjust enrichment against the Defendant. Therefore, the Defendant is obliged to pay the Plaintiff KRW 30 million, which the Defendant received from F due to the return of unjust enrichment, and damages for delay.

The plaintiff's grounds for appeal do not differ from the argument in the first instance court, and the fact-finding and decision in the first instance court seems legitimate.

The reasoning for this Court’s explanation is as follows, and this Court’s decision is identical to the judgment of the court of first instance, except where the court adds the judgment to this Court as set forth in Paragraph 2 of Article 420 of the Civil Procedure Act.

[Attachment] The part of the first instance judgment’s second page No. 8 (2015. Jun. 21, 2015) refers to “ June 2005.” and “ July 11, 2015.” respectively to “ July 11, 2005.”

2. Additional matters to be determined;

(a) the acceptance of a contract aimed at the succession of the status as a party to the contract may be made by agreement of two of the parties concerned and by the other party’s consent or consent;

However, the defendant's delivery of the documents for securing the right that the buyer has a disturbance to F. The defendant seems to have offered F. F. F. to F. for convenience in the process of resale of the right of sale in this case as a seller, and it is insufficient to recognize that the defendant expressed F. F. F. to the buyer who bought the right of sale in this case or the right of purchase of the right of sale in this case, the right of ownership transfer due to the sale in real estate is an obligatory claim arising from a seller's obligation to satisfy the requirements for establishing the seller's act of sale in real property.

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