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(영문) 제주지방법원 2018.11.22 2017나2519
부당이득금반환
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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On June 19, 2015, the Plaintiff purchased from Jeju Island and one other, E, 459 square meters, and inn and housing (hereinafter “instant real estate”). The Defendants are the lessees who leased the instant real estate from D.

B. In purchasing the instant real estate, the Plaintiff purchased the provisional building on the instant real estate site (hereinafter “the instant provisional building”) from the Defendants for KRW 2.5 million.

(hereinafter “instant sales contract”). C.

The Plaintiff was handed over the instant real estate and the provisional building from the Defendants on June 15, 2016.

On July 2016, the Plaintiff removed a bag tree board, which was attached outside to remodel the instant building, and discovered that the internal container gambling room was physically corroded, and requested the Defendants to refund KRW 2.5 million. On the same day, Defendant B brought the said bag tree board.

E. On February 21, 2017, the Plaintiff sent to the Defendants a certificate of content that the sales price of the instant building would be KRW 2.5 million.

[Reasons for Recognition] Unsatisfy, Gap 1-4 evidence, Eul 1 evidence (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. On July 2016, the Plaintiff asserts to the effect that the instant sales contract was terminated by the agreement by: (a) the Plaintiff, around the end of July, 2016, was insufficient to acknowledge the fact that the Defendants agreed to return the sales price to the Plaintiff by the agreement on the cancellation of the instant sales contract; and (b) Defendant B was unable to reuse bags and container bags; and (c) the instant sales contract was terminated by having the sales price refunded KRW 2.5 million to Defendant B. However, there is no other evidence to acknowledge otherwise.

The plaintiff's assertion on this part is without merit.

B. Recognition of the occurrence of the obligation of restitution following the cancellation of the instant sales contract as to whether the contract was canceled by the warranty liability.

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