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(영문) 부산고등법원 2017.06.14 2016나56908
부당이득금
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasons why the court accepted the judgment of the court of first instance as to this case are partly dismissed among the reasons for the judgment of the court of first instance as follows. In addition to adding the following judgments as to the contents asserted in the court of first instance to the corresponding part, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article

The actual contents of the first instance judgment are as follows: “Defendant E Promotion Committee (hereinafter “Defendant E Promotion Committee”)” part of the first instance judgment as “E Promotion Committee” (hereinafter “instant Promotion Committee”).

The actual contents of the judgment of the court of first instance are as follows: 3rd, 7th, 11th, 4th, 14th, 5th, 9th, 6th, 7th, 8th, 14th, and 21th, “Defendant Promotion Committee” shall be deemed as the “instant Promotion Committee.”

The actual contents of the judgment of the court of first instance are as follows: "business promotion expenses of KRW 50 million" in the 4th 11th , and "business promotion expenses of KRW 5 million" in the 4th 12th 12th , and "business promotion expenses of KRW 10 million" in the 4th 12th 12th , respectively.

In the first instance judgment, the pertinent committee applied for the authorization to establish a housing association on August 17, 2016, and the head of Busan City annual system applied for the authorization to establish a housing association on February 24, 2017. The H housing association took over the lawsuit of the instant promotion committee at the first instance court.”

The actual contents of the judgment of the first instance court are as follows: (a) 4 and 6, and 6 and 3, respectively, “Defendant Promotion Committee” as “Defendant E-Promotion Committee’s H Housing Association, a litigation taking place by Defendant E-Promotion Committee.”

【Additional Judgment Matters】

A. Since the mistake of the motive of the plaintiffs' assertion was caused by the defendants' deception, it shall be deemed possible to revoke the plaintiffs' motive regardless of whether the motive is expressed, even though it is not an important part of the contents of the legal act.

B. The Defendants determined the Plaintiffs.

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