부당이득금
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for any modification or addition as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure
2. The amended or added part of the judgment of the court of first instance, No. 8, 13, is amended as follows.
- “Receipt Date of the Defendant” is amended to “ April 28, 2011,” “No. 15 of the first instance judgment (No. 8 of the first instance judgment),” which read “No. 25, 201.”
- “Receipt Date of the Defendant’s receipt date” is amended to “ January 4, 2012, 201,” “No. 5 (No. 8 of the judgment of the first instance).”
The following shall be added to the 10th judgment of the first instance, the 15th judgment:
“The Plaintiff had the decision to suspend the performance of duties and to appoint an acting representative between November 25, 201 and January 2, 2012 regarding the Plaintiff’s executor, and the registration was made from December 5, 2011 to January 20, 2012, and the Defendant was also aware of such fact. As to the withdrawal of the project cost of this case, the part that was made after the decision to suspend the performance of duties and to appoint the acting representative, and the receipt of the construction cost based thereon by the Defendant was illegal. However, the Plaintiff’s request for withdrawal of the project cost of this case had already been made to the Defendant around April 201, it is difficult to view that the withdrawal of the project cost of this case was unlawful on the basis of the decision to suspend the performance of duties and the appointment of the acting representative, and it is difficult to reverse the first instance judgment’s request for withdrawal or withdrawal of the project cost of this case after the above decision to enforce the first instance judgment.
And Gap evidence Nos. 18, 19, 22, Eul Nos. 5, 18, 19, 22, 28.