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(영문) 서울고등법원 2017.04.07 2016나2064877
부당이득금
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning the instant case is as follows. The Defendant’s new argument at the trial of the first instance is as stated in the reasoning of the first instance judgment, except for additional determination under the following two, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3 pages 2 of the first instance judgment shall be amended to “254 square meters” as “72/4 of the 254 square meters in response.”

The "Plaintiff, C, E, and F" of the three pages 2, 3 of the first instance judgment shall be amended to "Plaintiff, C".

From 3 pages 6 to 9 of the first instance judgment shall be amended as follows:

C. Before acquiring the Plaintiff’s ownership, the Defendant added the following: (a) the Section B of the Attached Form No. 1 among the land, and the Section B of the Attached Form No. 2 among the land (hereinafter referred to as “the road part in this case”); (b) the 3 pages 9 and 10 of the judgment of the first instance court, “There is no dispute between the 3 pages 9 and 10; (c) the fact that there is no ground for recognition; (d) the entry or video (including the number of pages) of the evidence No. 1, 6, 7, and 9; and (e) the purport of the entire pleadings.”

The lower court’s judgment was 7 at the fourth level of the judgment of the first instance, and revised “No.” (see, e.g., Supreme Court Decision 88Meu16997, Jul. 11, 1989).

"A review of the statements in the Evidence Nos. 4 and 5 shall be added in front of "G" at the fourth bottom of the judgment of the court of first instance.

The lower part of the fourth judgment of the first instance court is to add “However, as known by the foregoing evidence” later.

5 pages 2 of the judgment of the first instance court, "and as known by each entry in Gap evidence and evidence Nos. 10 and 11," shall be added later.

The court of first instance shall revise “(1)” at the bottom of five pages of the judgment (200Da5876, 58583, Jan. 19, 2001) to “(200Da5876, 58583, etc.).”

At the bottom of five pages of the judgment of the first instance, two through six pages shall be amended as follows:

“The Plaintiff” is the Defendant.

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