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(영문) 서울고등법원 2017.10.17 2017나2031775

부당이득금

Text

1. The part against the defendant in the judgment of the court of first instance, which exceeds the following amount ordered to be paid.

Reasons

1. In accordance with the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance, the part against the defendant among the grounds of the judgment of the court of first instance is

However, as follows, part of the judgment of the court of first instance is dismissed, and the judgment on the argument that the defendant made in this court is added.

2. The part of the judgment of the court of first instance, 6 pages 9 of the judgment of the court of first instance, "Plaintiff I" shall be added to "I".

From 12 pages 11 to 13 of the judgment of the court of first instance, the following parts shall be cut down:

“However, even if the Defendant is a bona fide beneficiary, the Defendant is deemed to be a malicious beneficiary by losing the instant lawsuit. As such, the Defendant is obligated to refund legal interest or delay damages as to the unjust enrichment recognized earlier from the date of delivery of a copy of the complaint in this case ( November 15, 2016) to the point of time when it is considered as a malicious beneficiary (see, e.g., Supreme Court Decision 2016Da4181, Aug. 18, 2016). According to the conclusion of the lawsuit, the Defendant shall return 400,000 won of the dividends received from the instant auction procedure to the Plaintiffs for unjust enrichment at the rate of 70,000,000,000 won per annum from the date of delivery of the complaint in this case to the Defendant’s 10,000,0000 won per annum of the Plaintiff’s share of the land purchased (including the Plaintiff B, C, I, and Justice’s share) to the Defendant as indicated below.