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(영문) 서울고등법원 2017.11.09 2016나2077804

부당이득금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 294,335,998 and KRW 83,549,660 among them.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for deletion, dismissal, or addition as follows. As such, the summary and the attached form are cited pursuant to the main sentence of Article 420 of the Civil Procedure

[The part of the judgment of the court of first instance differs from that of the court of first instance, which includes “(5)” and “payment in lieu of N land” and “payment in lieu of N land” and “payment in late payment in late 12, which are the initial date of the judgment of the court of first instance, and the remainder of the part shall be determined as in the judgment of the court of first instance]. 2. The part that is deleted, added, or added by the attached Form of the judgment of the court of first instance, which is referred to as “D”, shall be deleted, and all of “D” shall be adjusted to “C”.

Part 3 13 through 19 shall be applied to the following:

C. (1) On June 20, 2013, K and L Co., Ltd. purchased the amount of KRW 262,00,000,000,000,000,000,000,000,000,000,000, which were owned by K and L 1/2 shares. On August 20, 2013, in order to secure the Defendant’s obligation to refund borrowed money, the Plaintiff, on August 20, 2013, demanded the Defendant to complete the provisional registration of the right to claim the transfer of all co-owners’ shares on the ground of a pre-sale agreement on August 19, 2013.

(2) On September 2, 2013, the said land was divided into AF land, AF land, AG land, AG land, 2,149 square meters, and AH land, and the said AF land was divided into AH land; the said AF land was converted into the name of the administrative district, and the said AF land was converted into the land on February 23, 2014; the said AG land was the AI land on October 23, 2014; the said AH land was the said AH land on October 23, 2014; and the said N land was divided into AK land and the 1,322 square meters of land on February 12, 2015, respectively. < Amended by Act No. 12792, Oct. 23, 2014>

(3) The particulars of the alteration of rights on the above land are as follows.

[The following is the “N land in this case,” regardless of whether it is before or after the change of the name of the administrative district, both the AE forest land divided on September 2, 2013 and the land divided from the AF land divided on September 2, 2013, from the 8,628 square meters of the AE forest and the 8,628 square meters of the land in Sung-si (hereinafter referred to as the “O”) is the “N land in this case.”