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(영문) 서울고등법원 2016.12.23 2016나2032580

부당이득금

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 reasons for this Court’s acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except in the following cases or in addition, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The first instance court's second 12, third 3, fourth 600,000 won, respectively, shall be punished by "7,6550,000 won".

Under the fifth of the judgment of the first instance court, each entry of Gap's evidence 15, 17, and Eul's evidence 8 and 10 shall be added to "each entry of Gap's evidence 15, 16-2, Gap's evidence 17, Eul's evidence 8, 10, and 13".

The following shall be added between the six pages 11 and 12 of the judgment of the first instance:

The Plaintiff asserts that, “A” did not recognize that the construction cost of KRW 195 million for the F he assumed was paid by L, and that the same construction cost for the same land as C and G was written as the same construction cost for the same land as C and G. However, the Plaintiff: (a) was a business owner who was a business owner who was a business owner who was a business owner who was a business owner who was a business owner who was a business owner who was a business owner who was a business owner who was a business owner; (b) changed the business size of Q, D, R, S, forest, and forest into the factory site for the land for factory and purchased the land to sell it to a third party; (c) the Plaintiff entered into a contract with F on January 5, 2004 for the construction cost of KRW 195 million for the “civil complex construction work” on the above four lots of land; and (d) the land category and parcel number of the land in the Gyeonggi-gun-gun land among the four lots of land.

를 원고로부터 매수한 L은 2004. 12. 24. F과 사이에 위와 같이 매수한 토지 상에 ‘가구공장 신축공사’를 하기 위해 공사대금 2억 7,500만 원으로 하는 공사도급계약을 체결하였으나, F은 2005. 1.경 위 공사를 포기한 점, ㉣ L은 2005. 4. 28. F에게 2억 2,000만 원을 송금한 점, ㉤ 원고는 'F이 토목공사를 완료하여 2005. 4. 28.경 약정공사대금을 전액 지급받았음에도 G 등이 공사가 완료된...