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(영문) 울산지방법원 2016.12.21 2015나21578
부당이득금반환
Text

1. The judgment of the court of first instance is modified as follows.

2. All of the lawsuits of plaintiffs C, H, I, and K shall be dismissed.

3...

Reasons

1. Basic facts

A. Plaintiff A and B operate “P kindergarten” in Ulsan-gu O; Plaintiff C “R kindergarten”; Plaintiff D “T kindergarten” in Ulsan-gu Q, Ulsan-gu, Ulsan-gu, U.S.; Plaintiff C “X kindergarten” in U.S., U. Ulsan-gun, Ulsan-gun; Plaintiff B “Z kindergarten” in Ulsan-gu, U.S.; Plaintiff H “AB kindergarten” in U.S.; Plaintiff AB kindergarten in Ulsan-gu, Ulsan-gu, U.S.; Plaintiff C “AB kindergarten” in U.S.; Plaintiff J “AF kindergarten in Ulsan-gu, Ulsan-gu, U.S.; Plaintiff C “AF kindergarten” in U.S. in U.S.; and Plaintiff C operated “AJ kindergarten” in U.S., U.S., Ulsan-gu, U.S. and “UJ kindergarten” in U.S...

B. In around 2012, the defendant was the chief of the AK office of a certified judicial scrivener, who is currently the chief of the AL office of a certified judicial scrivener, and the appointed person is the defendant's office.

C. From October 29, 2012 to November 22, 2012, the Plaintiffs refer to the Plaintiffs’ “A” and “B”, respectively, to the following agreements between the Defendant and the Defendant.

As stated in the above, a contract was entered into with the Defendant to contract for the registration of co-owned land partition on a kindergarten site located in an apartment zone (hereinafter “instant contract”). The Appointor guaranteed the Defendant’s obligation as stipulated in the above contract.

Pursuant to the instant contract, the Plaintiffs paid KRW 12,763,00 in total to the Defendant as the cost of inspecting the building register from August 2012 to September 2012, 2012, including the following (a statement of payment of the cost of inspecting the building register and of service contract). From November 2012 to March 2013, 2012, the Plaintiffs paid KRW 32,521,900 in total as the down payment out of the service contract price.

(Plaintiff L argues that it paid KRW 2,437,50 to the Defendant the cost of inspecting the building register, but there is no evidence to acknowledge it. [The payment table for the cost of inspecting the building registration and the cost of service contract] The sum of the down payment on the deposit day (cost) out of the cost of service contract for inspecting the Plaintiff’s building register Nos. 177,500 (cost)

1. A B on August 2012

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