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(영문) 서울고등법원 2014.07.25 2013나73324

부당이득금반환 등

Text

1. The plaintiff's claim that is extended and exchanged in the trial is dismissed, respectively.

2. The plaintiff's remaining appeal is filed.

Reasons

1. As to the instant case, this Court’s explanation is the same as the reasoning of the judgment of the first instance except for the dismissal, addition, and deletion as follows. Thus, this Court’s explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

① In the second page of the judgment of the court of first instance, the Plaintiff’s “Plaintiff” through “The Plaintiff invested in kind the assets and liabilities of the said C, six parcels of land owned by the Plaintiff (as indicated in paragraph (2) of the list of invested assets in attached Form 4), and the said C’s asset list include the land and buildings indicated in paragraph (1) of the list of invested assets in attached Form 4, and the machinery, equipment, equipment, etc. equivalent to KRW 2.1 billion.”

(2) The term "1 to 3" in the last part of the fourth page shall be changed to read "1, 2-b, (c) and (3)".

③ Of the 5th, 5th, 6th, “The Defendant added 13,072,800 won to the Plaintiff.” Since the Plaintiff’s 1st, 5th, and 6,300,000 won of the market price of the above 6,30,000 won by removing the port facilities owned by the Plaintiff without permission, the Defendant considered the Plaintiff as the sum of each damages.

(4) In the front of the “each of the above facilities” in the Chapter 6 of Chapter 8, the Defendant shall remove the facilities listed in Section 2 of Schedule 1 and add “the fact that the Defendant has installed a new steel structure (the same shall apply to the forests attached to paragraph 2(d) of Schedule 1) to the said location.”

⑤ In the first phase of the first phase of the 9th page, the phrase “I,” should be seen as being “I,” and the Defendant removed the facilities listed in Table 2(a) among them, and the Plaintiff’s ownership cannot be deemed to have been infringed upon. Accordingly, the Plaintiff’s ownership cannot be considered to be “.”

(6) The part of subparagraphs 2 through 6 of Article 9 shall be deleted.

7) Of the 9th page 16, the phrase “revision” was corrected, but the preparatory document dated May 22, 2014 stated that it was again installed on the N land.”

(8) Each "three list" shall be raised to "one list" during the 11th and the last one.

(9)