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(영문) 서울고등법원 2019.04.04 2018나2070029

부당이득금

Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

Reasons

1. The reasoning of the judgment of the court of first instance regarding the instant case is as stated in the reasoning of the judgment of the court of first instance, except for modification and addition as follows. Thus, this is accepted pursuant to Article 420 of the Civil Procedure Act

[The fact-finding and judgment of the first instance court are reasonable even if the plaintiff (appointed party) fully examined the arguments and evidence submitted by this court]. The court of first instance shall revise the "Plaintiff" to "Plaintiff of the first instance court", "Plaintiff (Appointed Party)" to "Plaintiff of the first instance court (Appointed Party)" and "Appointed Party" to "Appointed of the first instance court", respectively.

The last sentence of the judgment of the court of first instance shall be amended to "criminal facts".

Part 5 of the judgment of the first instance shall be amended to "Sari of Taean-gun" in Part 20 of the judgment of the first instance.

The 6th sentence of the first instance judgment "37 to 47 evidence" shall be amended to "37 to 53 evidence".

On October 25, 2012, the first instance court revised the “Creation of Mortgage on October 24, 2012” of the 7th sentence to “Creation of Mortgage on October 25, 2012.”

In the 8th sentence of the first instance judgment, the "Plaintiff and the Appointed Party (Appointed Party)" in the 11th sentence shall be amended to "Plaintiff (Appointed Party)".

On the fourth page of the first instance judgment, the following shall be added:

“E. On February 22, 2018, the Plaintiff (Appointed Party) died on February 22, 2018 during the first instance trial, and the Plaintiff (Appointed Party) succeeded to the property of the appointed Party (Appointed Party) in the first instance trial by 1/2 each.

F. AB, AC, AD, and AE filed a lawsuit for damages against the Defendants, etc. on the grounds that they participated in or aiding and abetting the Defendants, etc. in taking part in the act of acquiring K’s deposit money or concealing criminal proceeds by paying the deposit money, etc. In each of the above lawsuits, the judgment of dismissing the Plaintiff was rendered as follows, and each of the above judgments became final and conclusive.

Plaintiff

The case number of the defendant is declared and the contents thereof.