부당이득금반환
1. Of the judgment of the first instance court, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
1. The reasons why the court should explain this part of the basic facts are as stated in the second through fourth 18 of the judgment of the court of first instance, except in the following cases. Thus, this part of the basic facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Re-written part] The second 8th of the judgment of the court of first instance re-written “1976.8” shall be re-written as “1979.9.”
The third and third third third third and sixth first and sixth instances of the judgment of the court of first instance shall be applied “the defendant” as “the plaintiff, defendant, and G”.
Part 3 of the judgment of the first instance court (I, hereinafter referred to as the "joint expense account") '(I, hereinafter referred to as the "joint expense account'). Part 8 and 9 of the judgment of the first instance are followed by the Seoul Eastern District Court No. 2012Gahap4877 against the defendant, G, J, and K in order to verify the existence of each claim as stated in the above attached Table. However, the plaintiff won part of the lawsuit against the defendant, G, J, and K, but it is proceeding to the Seoul High Court No. 2013Na79728 as of the wind appealed by both parties.
There are two separate forms of “each other inheritors, G, J, and K except the plaintiff and the defendant,” set forth in Section 15 of the fourth instance of the judgment of the court of first instance as “other inheritors, G, J, and K except the plaintiff, G, J, and K.”
2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to return the part corresponding to the Plaintiff’s share out of the purchase price of each real estate of this case as unjust enrichment.
The scope shall be examined.
Of the purchase price of KRW 13.2 billion, the remaining KRW 10.30,512,069 (= KRW 10,300,536,207 ± KRW 10,300,536,207) which was used to pay the secured debt under the name of KRW 2,89,463,79,793, and KRW 10,300,536,207, which was used to pay the secured debt under the name of KRW 13.2 billion.
Of the purchase price, KRW 5.55 billion deposited as a provisional seizure as to the Plaintiff’s share in the purchase price and KRW 8.9 million as a certified judicial scrivener’s expense to handle it cannot be deemed as a secured debt for each of the instant real estate, and the Defendant separately sought a loan from the Plaintiff.