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(영문) 서울고등법원 2018.05.17 2018나2000938

약정금

Text

1. All appeals filed by Plaintiff B and appeals filed by the Defendant against Plaintiff A and C are dismissed.

2. The plaintiff B among the appeal costs.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "Right to Demand reimbursement of expenses by the office manager (Article 739 of the Civil Act)" in Part 15 of the 6th judgment of the first instance court (Article 739 of the Civil Act); "Right to Demand reimbursement of expenses by the office manager (Article 688, Article 739 of the Civil Act);" the 14th to 4th 5th "Stock Food Industry Co., Ltd."; "Seoul Central District Court 2010Ga27521" in the 7th 14th 7 to 8th 8th 14 "Seoul Central District Court 2010Da27521"; "Article 739 of the Civil Act" in the 15th 14th 15th and 16th 12th 12th "Article 688, Article 739 of the Civil Act"; the 16th 21th sees "the 10th sentence" and the 4th th 20 judgment.

The following words shall be added to the "expenses" in Part 2 of the decision of the first instance.

The provisions concerning the right to demand reimbursement of expenses (Articles 688(1) and 739(1) of the Civil Act) shall apply mutatis mutandis or the provisions concerning unjust enrichment (Article 741 of the Civil Act) to each real estate of this case shall be naturally deducted from the compensation for expropriation of each real estate of this case. At least with respect to the portion of 1/2, an inherited property, among the rights to each real estate of this case, shall be paid out of the inherited property pursuant to Article 988-2 of the Civil Act, because it falls under the expenses for inheritance as the expenses for management of the jointly inherited property, and shall be deducted from the compensation for expropriation of each real estate of this case."

A mandatary or a clerical manager has disbursed in the course of managing the affairs.