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(영문) 서울고등법원 2017.03.17 2016나2040932
부당이득금반환
Text

1. The plaintiffs' appeal and the defendant's appeal as shown in 1 to 57, 60 to 110 of the annexed list 1.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as stated in the “reason” of the judgment of the court of first instance, except for the dismissal of a part below, and thus, it is acceptable as it is by the main text of

2. Parts in height:

A. The 7th 12th 12th son’s testimony in the judgment of the court of first instance is written with “D’s testimony and witness testimony in this court”.

B. The 8th to 10 parts of the judgment of the court of first instance shall be cut down as follows.

Although Plaintiff 1 through 57 claimed that Plaintiff 1 through 57 paid KRW 1 million to the Defendant, Plaintiff 60,000,000 to the Defendant, it is difficult to believe this as it is in light of the following: (a) the entry of Plaintiff 1 through 13 in this court’s witness evidence Nos. 11 through 13 is not consistent with the motive, form, details of submission, timing of submission, and the assertion of the Plaintiffs; (b) thereby, it is difficult to believe it as it is; and (c) accordingly, the evidence Nos. 3-1 through 25, 9-1 through 36, 10-1 through 4, 14-1 through 18, and 14-18 of the evidence No. 10, and the testimony of the witness of the first instance court and the witness Dom in this court, and there is no other evidence to acknowledge it otherwise.”

C. The 8th and 20th of the 15th of the judgment of the court of first instance, “Witness D” shall be written in “D’s witness of the first instance trial.”

The 10th to 14th parallels of the first instance judgment shall be followed as follows.

The Rental Housing Act was wholly amended on August 28, 2015 by the Special Act on Private Rental Housing (Act No. 13499, Dec. 29, 2015). Therefore, the former Rental Housing Act is indicated as above for accurate expressions or convenience. As the amended by Act No. 8966, Mar. 21, 2008, the provisions of Article 21 (Preferential Sale Conversion of Constructed Rental Housing) was completely amended by Article 21 (Preferential Sale Conversion of Constructed Rental Housing) of the former Rental Housing Act.

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