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(영문) 서울고등법원 2019.01.29 2018나2029830
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the following "the part amended by 2.0", and thus, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure

2. The amendment to the portion of the judgment of the first instance shall be made by modifying the 4th page “S D”) to “A.A.A.A.A.C.”

The following facts are added to the judgment of the court of first instance: “The fact that the registration of ownership transfer with respect to the portion of P apartment Q-10/12 portion is completed” of the 12th judgment, and “the fact that the sale price of P apartment Q-10,000 won is 1,050,000 won.”

From 6 pages 16 of the first instance judgment to 19 of the same page, the following shall be amended as follows:

In full view of the circumstances, such as “A”, where D was a building owner who actually built the instant building with its own cost and effort or acquired profits from the construction of the instant building, there is no evidence to acknowledge it. In full view of the fact that there is no evidence to acknowledge it, the evidence submitted on such circumstance and record alone is insufficient to acknowledge that D acquired the title trust by purchasing the instant land before subdivision and newly constructing the instant building with the funds for the construction of the instant building with the co-mortgage in 2015, the maximum debt amount of 450,000,000 won, a mortgagee AB Co., Ltd., Ltd., the mortgagee AB, as of April 28, 2015, taking into account the circumstances established as a collateral (written evidence No. 2) on June 4, 2015, the evidence submitted on such circumstance and record alone is insufficient to acknowledge that D provided the Defendant with the funds for the construction of the instant building, and there is no evidence to acknowledge otherwise.”

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

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