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(영문) 의정부지방법원 2017.02.09 2016나59588
부당이득금
Text

1. The plaintiff's appeal and the plaintiff's main claim added to the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. From February 3, 2015 to February 27, 2015, when Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant apartment”) established the ownership transfer registration and the establishment registration of neighboring mortgage (hereinafter “instant registration”) for the remainder of apartment loans to the occupants of 17 households in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, the manager of the E branch office (hereinafter “CF”) requested the Defendant (Appointed Party) and the appointed judicial scrivener of the said E branch office (hereinafter “Defendant”).

From February 17, 2015 to March 5, 2015, the Nonghyup Bank received an amount equivalent to the registration fee and the fees of a certified judicial scrivener from the said occupant and remitted the apartment and lake to the account in the name of the Defendants.

However, following disputes between the Defendants and their employees, the instant registration work on the apartment housing of the said 17 household was delayed. On April 2015, the Nonghyup Bank again requested the Plaintiff, an attorney-at-law, to perform the instant registration work on the apartment housing of the said 17 household via the said F.

The Plaintiff completed the registration of the instant case on the apartment of the said 17 generation, and paid all the expenses, such as acquisition tax, stamp, registration fee, etc., while performing the said registration.

On the other hand, around December 7, 2016 and January 7, 2017, the Plaintiff transferred all the rights to the Defendants, including the right to terminate the contract with respect to delegation of the registration business of this case, and the right to claim damages against the Defendants from 12 of the aforementioned 17 apartment occupants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, 9, Eul evidence Nos. 1, 5 and 6 (including each number, if any), and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants were entrusted with the instant registration affairs arising from the remainder of the apartment loan from the instant apartment occupants and did not process the said expenses and remuneration even though they were fully paid.

The plaintiff is requested by the manager E-branch of the Nonghyup Bank.

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