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(영문) 인천지방법원 2015.09.22 2015나2072
부당이득금반화등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court's explanation concerning this case is as follows. The part concerning "the cause of the claim" in the judgment of the court of first instance concerning "2. A" is as follows, the part concerning "the registration of ownership transfer" in the judgment of the court of first instance is as "the registration of ownership transfer" in 21, the part concerning "the defendant" in 4. 20-21, and the part concerning "the plaintiff's claim of this case, which is premised on the cancellation of the second sale contract between the plaintiff and the defendant by means of the lawsuit seeking revocation of the fraudulent act in this case, and thus, the part concerning "the plaintiff's claim of this case," in 4. 20-21, which is "the plaintiff's claim of this case, is written as "the plaintiff's claim of this case," and the part concerning the reasoning of the judgment of the court of first instance other than adding the following paragraph (3)

2. (1) As the second sales contract between the Plaintiff and the Defendant was revoked in the revocation lawsuit of the fraudulent act in this case, the Plaintiff lost its ownership of the instant real estate.

① Therefore, the Defendant returned the purchase price of the second sales contract benefiting from the Plaintiff without any legal cause, and the Defendant is called “damage, such as expenses for a certified judicial scrivener and various taxes and real estate brokerage fees paid by the Plaintiff according to the second sales contract.”

(2) On the other hand, the Defendant is also liable for warranty under Articles 569 and 576 of the Civil Act as a seller. As such, the Defendant’s secondary sales contract was rescinded as of May 1, 2015, stating the seller’s declaration of intent to rescind the second sales contract due to such seller’s warranty liability, and accordingly, the Defendant has the obligation to return the purchase price to its original state and compensate the Plaintiff for damages, such as expenses of a certified judicial scrivener. (2) Accordingly, the Defendant is liable for compensating the Plaintiff for the damages (i.e., KRW 50,283,00,00 for damages (i., the purchase price of KRW 49,00,000 for KRW 1,283,000 for certified judicial scrivener’s total amount of KRW 49,00,000, and for this, 5% per annum from June 10,

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