(영문) 서울고등법원 2016.09.02 2015나30192

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.09.02 2015나30192

부당이득금

Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasons for the court's explanation of this case are added or used as follows. The plaintiffs' new or new arguments are made again in the court of first instance, and this is the same as the reasons for the judgment of the court of first instance, except for addition of the judgment under paragraph (2) above, and therefore, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

The second ground of appeal of the first instance court is as follows: “D” is added to “(the plaintiff filed the lawsuit of this case against D at the beginning, but withdrawn the lawsuit against D on July 3, 2015).”

The second and second reasons of the judgment of the court of first instance shall be " July 1, 2004" and " July 21, 2004."

After the third election of the first instance court's second election, "D 38 million won, Plaintiff A 66 million won, Plaintiff B 66 million won, and Plaintiff B 66 million won" is added.

"No. 1" shall be deleted from the third bottom of the judgment of the court of first instance (based on recognition).

The last 5th of the judgment of the first instance court shall be written with "B No. 1" with "B No. 1, B, and B. 1."

Although the gist of the Plaintiffs’ assertion in addition did not have prepared documents regarding a title trust agreement, etc. between the Plaintiffs and the Defendant, in light of the following circumstances, it should be deemed that the Plaintiffs and the Defendant agreed to sell the instant real estate and pay the money according to the share ratio if the Plaintiffs and the Defendant make an investment by paying part of the purchase price of the instant real estate.

(1) The Plaintiffs, at the time of the payment of intermediate payment of the instant real estate, share the intermediate payment of KRW 1.2 million directly and severally, at the same time as the place where the intermediate payment was made.

At the time, the defendant was aware that the plaintiffs met at the above location and that the plaintiffs bear part of the purchase price.

In addition, on July 21, 2014, Plaintiff A transferred part of the remainder of the instant real estate to Plaintiff E account as one of the seller.

(2) The Plaintiffs are as above.

참조조문

-민사소송법 제420조

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