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(영문) 부산고등법원 2019.12.18 2019나54767

부당이득금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court’s explanation concerning this case are as stated in the part of the judgment of the first instance except for the corresponding part of the judgment of the first instance as stated in the following paragraph (2). Thus, this is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the 4th 1st th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

A. According to the fifth decision of the first instance court, the “E” of the first instance judgment shall be referred to as “E”.

A. According to the reasoning of the judgment of the court of first instance, the part 5 to 7 of the first instance states that “It is difficult to deem that he/she has accepted it beyond this,” “It is difficult to deem that he/she immediately granted D or the Defendant Company the possessory right to the unsold guest rooms and stores in lots of the instant hotel without going through subsequent procedures, such as the conclusion of a new lease agreement with E.”

A. On the 10th day of the first instance judgment, the court below held that “No principal admission exists” in the second instance as follows: “No principal admission certificate exists (no evidence exists to prove that the Plaintiff, a direct transferee, has the damage claim against the Plaintiff).”

3. The decision of the court of first instance is justified, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.