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(영문) 서울고등법원 2015.04.24 2014나2021111

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "Entry" in Section 6 of the judgment of the court of first instance is changed to "entry and video", and Section 6 of Section 18 is changed to "the fact that the plaintiff paid KRW 30 million to the defendant on March 16, 2012 (the defendant paid KRW 30 million to the defendant on March 16, 2012). However, according to the evidence No. 8 of the judgment No. 8 of the court of first instance, it is difficult to view that the defendant received KRW 30 million on the notarial deed of this case without entirely reflecting the above KRW 30 million on the notarial deed of this case in light of the fact that all claims on the notarial deed of this case were transferred to H without considering the fact that the defendant received KRW 30 million on the notarial deed of this case under the notarial deed of this case in the notarial deed of this case, and the part of Section 2-4(b) of the judgment of the court of first instance changed to Section 2-4(b) as follows.

2. The changed part

A. Of the reasons for the judgment of the court of first instance, the Defendant, based on the sales contract of this case and the No. 2-A-4 (4) of this case, had the Plaintiff pay the Plaintiff the aggregate of KRW 21,897,000 for the registration transfer expenses of the store of this case until December 28, 2011 on behalf of the Defendant, and KRW 1,182,410 for the management expenses of the store of this case until September 7, 2012. The Defendant transferred KRW 281,976,741 for the bonds of this case as of January 24, 2013 to H, thereby having the Defendant pay the Defendant’s debt to H., and upon the application for auction of the Bank of Korea (hereinafter “Korea Bank”), upon which the store of this case was knocked and distributed to the Bank of Korea, KRW 41,487,023, the Plaintiff bears the Defendant’s debt of KRW 1,184,1741,2714