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(영문) 부산고등법원 2017.08.09 2016나56441

부당이득금반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning for the judgment of the court of first instance, except for the part of “the 5th to 20th of the judgment of the court of first instance” as follows, since the part of “the 5th to 5th of the judgment of the court of first instance” is the same as the part of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of

Rather, the Defendant asserts to the effect that C would repair the warehouse, machine room, and new breeding shed of the instant building and offer C to use it as a temple. Accordingly, the Defendant would have paid construction expenses to C to remove the said three buildings. The following facts are acknowledged in full view of the reasoning of the argument as to the fact-finding with respect to the head of the Northern Metropolitan City North Korea in Ulsan Metropolitan City in this court, and the fact-finding with respect to the following facts. < Amended by Presidential Decree No. 1721, Jul. 31, 2001; Presidential Decree No. 17213, Jul. 31, 2001>

(3) Under the construction agreement, 65 square meters of prefabricated-type buildings (hereinafter “instant construction agreement”) were awarded a contract for the construction work.

(2) Among the contents of the instant construction agreement between the Plaintiff and N, the term “construction of separate prefabricated storage facilities and storage tank construction, etc.” includes the N. Meanwhile, the instant construction agreement between the Plaintiff and N includes the N’s representative director, and according to the reasoning of the Ulsan District Court Decision 2002Kadan2323, C actually runs N. ③ The Defendant paid KRW 58,50,000 to N from August 3, 2001 to October 19 of the same year total construction cost under the instant construction agreement. ④ On November 28, 2001, the Ulsan Northern Northern District Office removed one 1 Dong, 1 Dong, 1 Dong, 1 Dong, 3 Dong-dong, and 1 new residential facilities on the instant site without permission under the relevant Acts and subordinate statutes, but did not recover to its original state. < Amended by Presidential Decree No. 23588, Feb. 19, 200; Presidential Decree No. 22506, Nov. 28, 2001>