부당이득금
All appeals filed by the Defendant-Counterclaim Plaintiff against the instant principal lawsuit and counterclaim are dismissed.
The costs of appeal are assessed against the principal office.
1. The reasoning of the judgment of the court of first instance cited this case is as follows, except for additional determination as to the assertion (the part concerning a counterclaim) by either the defendant or the rejection of the judgment of the court of first instance, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 42
(A) The first preparatory date in the judgment of the court of first instance, the first preparatory date in the judgment of the court of first instance, and the fourth judicial date in the first instance in the first instance, shall be deemed to be “the preparatory date for pleading of the court of first instance,” and the fourth judicial date in the fourth judicial decision, “the date on which this judgment was pronounced” in the judgment of the court of first instance, respectively, on the premise that the defendant does not dispute the plaintiff’s main claim and the counterclaim is accepted.
Part VI through 16 of the first instance judgment are as follows.
C. 1) Inasmuch as compulsory execution based on a judgment with a provisional execution sentence is a principal execution based on the final judgment, as in the case where it is based on the final judgment, even if the validity of the provisional execution sentence becomes extinct or the existence of the enforcement claim is denied by the judgment of the appellate court, it does not affect any execution procedure already completed prior thereto (see, e.g., Supreme Court Decision 93Da3165, Apr. 23, 1993). Therefore, in a case where the judgment with a provisional execution sentence, which served as the basis of the seizure and collection order, is revoked by the judgment of the higher court, the execution based on the above seizure and collection order does not cause any change to the one for which the execution creditor already completed the provisional execution based on the seizure and collection order, and thus, the execution creditor is obliged to return the revoked portion by unjust enrichment (see, e.g., Supreme Court Decision 89Da27420, Aug. 13, 191). 201;