부당이득금
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.
1. The reasoning of the court of the first instance’s explanation concerning this case is as follows, and the reasoning of the judgment of the first instance is the same as that of the judgment of the first instance, except for the deletion of some of its explanation, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.
The 3rd and 7th and 10th of the first instance judgment "F" shall be described as "F of a stock company," respectively.
The 4th to 6th 10 pages of the first instance judgment shall be raised as follows.
2. Judgment on the main argument
A. (1) From June 7, 2016 to March 28, 2017, when the first appraisal base date for the instant auction object was the time when the Plaintiffs acquired the ownership of the instant auction object, the E-Gun cut the electric wires inside and outside the factory of this case, and the Plaintiffs became aware of such fact only after acquiring the ownership of the instant auction object.
(2) Although the Defendant became aware of the fact of the removal of the above electric wires at the time of the release, the Plaintiffs acquired the ownership of the subject matter of the auction of this case without gathering the fact of the removal of electric wires to the auction court. Accordingly, the Plaintiffs spent KRW 696,414,225 in total as the cost of the electric wire restoration work of the factory of this case (i.e., the total amount of KRW 260,639,50 for the materials required for the restoration work of KRW 260,639,74,725).
(3) Therefore, the Defendant, who received most of the proceeds from the sale of the auction subject matter as the applicant creditor and the mortgagee, is obligated to pay the Plaintiffs the liability for warranty for partial destruction of the auction subject matter (Articles 578(1) and (2), 574, and 572(1) of the Civil Act) or for restitution of unjust enrichment, the above expenses for restoration work are 696,414,225 won and delay damages.
B. (1) Determination (1) as to Gap evidence Nos. 4, 5, and Eul evidence Nos. 2 and 3, and as to the appraiser G with the F Gangwon Branch Co., Ltd. of this Court.