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(영문) 춘천지방법원 2020.05.28 2019나51564

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1 of the judgment of the court of first instance is applicable.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if all evidence duly adopted and examined in the court of first instance are examined, the fact-finding and judgment of the court of first instance are justified

Therefore, the reasoning for the court’s explanation on the instant case is as stated in the reasoning of the first instance judgment, except for the following: (a) the date of completion of delivery of the instant land or housing, or the date of loss of ownership of the Plaintiffs’ land and housing, from the date of completion of delivery to the date of completion of delivery of the instant land or housing; and (b) the date of the completion of delivery of the instant land and housing, as stated in the main sentence of Article 420 of the Civil Procedure Act; and (c) thus, the same shall be cited pursuant

2. In conclusion, the plaintiff's claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed for lack of reasonable grounds.

The judgment of the court of first instance is just in conclusion, and thus, the defendant's appeal is dismissed, and the decision of the court of first instance to revise "not later than the date of delivery completion of each real estate or the date of loss of ownership of each plaintiffs' above real estate" as "not later than the date of delivery completion of each real estate" in Paragraph (1) of the order of the judgment of the court of first instance, which is widely used in the order of the judgment ordering the continuous and repetitive payment of future unjust enrichment in the trial practice of the court of first instance, is a form of ordering whether or not the change of ownership, which is a matter to be determined by the court of first instance, is a matter to be decided by the court of first instance, and it is an ambiguous statement that does not affect the execution power of the finalized judgment, and it is not directly related

(Supreme Court Decision 2015Da244432 Decided February 14, 2019). It is so decided as per Disposition.