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(영문) 인천지방법원 부천지원 2018.06.28 2017가단116397
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following agreements (hereinafter “instant agreements”) between the Plaintiff and the Defendant on July 11, 2007 between the Plaintiff and the Defendant do not conflict between the parties, or may be acknowledged by the statement in Gap evidence No. 4.

The agreement refers to the defendant A and the plaintiff B shall agree as follows:

1. A shall immediately withdraw any action of governmental support (2007 group 16793).

2. A shall immediately withdraw an auction objection (2007da2670) support (207da 2670).

3. A shall immediately withdraw the action of Daejeon High Court (2007Na5333).

4. A shall immediately withdraw C Complaints from the Chungcheong Police Station;

5. B shall immediately withdraw auction cases (E) of D materials.

6. Claim B: (1) The Central Agricultural Cooperatives (CFFF) shall immediately withdraw not less than the Daejeon Agricultural Cooperatives (CFFFF) and not less than two cases.

7.B shall immediately waive dividends on motor vehicle auction and dividends on land auction in support of public offering.

8. It is agreed and confirmed that all notarial deeds of 20072,427 million won prepared between A and B have been repaid.

9. B shall pay 0 million won to A.

The date of payment shall be the time of sale in DF apartment, and the interest rate shall be 24% per annum.

(Provided, That both parties (applicable interest in arrears six months after the completion of the registration of real estate) shall not raise an objection for any reason of civil or criminal charges, and shall cooperate with the F apartment so that the construction may proceed smoothly.

After completion of the registration under paragraph (9) above, civil and criminal claims shall not be permitted.

2. Summary of the parties' arguments

A. The plaintiff's assertion 1) on July 10, 2007, acquired the claim against C by the defendant with respect to C's joint and several liability from C. In order to secure the above claim on the same day, the plaintiff is "F apartment 102 Dong 203, 203 (hereinafter "the apartment of this case") in order to secure the above claim from the defendant.

(2) On July 11, 20107, the Plaintiff and the Defendant issued a contract for sale in lots. The Defendant’s debt amount to be paid to the Plaintiff is approximately KRW 14 million, and the Plaintiff’s ownership.

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