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(영문) 서울고등법원 2015.08.28 2014나2024387
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is the same as that of the judgment, except for partial revision as follows.

The two pages of the judgment of the first instance court shall be amended to " August 14, 2010" " August 13, 2010."

The judgment of the first instance court 3 to 5 shall be revised to the following: “Although the Defendant, as alleged by the Defendant, was transferred the instant apartment due to the division of property, C purchased the said apartment with the disposal proceeds of other real estate owned by C, as long as C purchased the said apartment with the disposal proceeds, C shall have the share of 1/2 regarding the instant apartment.”

The 3 and 4 acts at the bottom of the 3rd judgment of the first instance court were amended to “the fact that the defendant periodically remitted the amount of KRW 200-3 million to the defendant” to “the fact that the defendant remitted the amount of KRW 148 million,000,000 periodically or in an irregular or irregular manner, to the bank account in the name of the defendant.”

6 pages 1 to 20 of the decision of the court of first instance shall be amended by the "Nos. 1 to 20" with "Nos. 1 to 20 (including a number; hereinafter the same shall apply)".

On August 30, 2002, the 4th decision of the first instance court shall be amended to " August 11, 2002" of the 12th decision.

“On the other hand, the Defendant terminated the instant apartment at NFFC upon C’s request, but upon E’s consent, the Defendant offered the instant apartment at the time of opening a marina loan account to NFFF. However, with C’s consent, the Defendant’s withdrawal and use of the funds, etc. required for the pension project from the above loan account and then making reimbursement for the same.”

The 6 pages 5 of the judgment of the first instance court shall be amended to "it may be recognized," and the entries in Gap evidence Nos. 9 and 10 alone are insufficient to reverse the above recognition, and there is no other counter-proof."

The 7th sentence at the bottom of the fiveth sentence of the first instance court shall be amended to “regular or irregular” at the bottom of the fiveth sentence.

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