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(영문) 대전고등법원 2014.12.31 2013나6269
대여금 등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. Reasons why this court shall explain in part of the quoted judgment of the court of first instance; and

3. The judgment on a counterclaim is based on the reasoning of the judgment of the court of first instance, except for the following re-written parts, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Discied Part】

A. The defendant asserts that in an economically imminent situation, the plaintiff demanded 30 million won under the condition that the plaintiff cooperates in the procedure for the registration of transfer of ownership to D 218, and paid the above amount to the plaintiff to dispose D 218 without any justifiable reason, and the plaintiff alleged that the above amount should be returned to the defendant, since the plaintiff's unjust enrichment of the above amount without any legal ground.

B. In determining the benefits, the benefits cannot be deemed unjust enrichment between the parties to the benefits relationship unless the underlying relationship was not established, or the grounds for extinguishment exist, such as nullification or revocation.

In this case, examining the argument that the above argument by the defendant constitutes a juristic act which has considerably lost fairness as provided by Article 104 of the Civil Act, and its propriety is determined as invalid. According to each part of the evidence Nos. 16 and 19, it is recognized that E, a purchaser of D 218, remitted to the plaintiff on September 12, 2012 at the defendant's request on September 12, 2012.

However, there is not sufficient evidence to acknowledge the remainder of the defendant's assertion, and there is no other evidence to acknowledge it. Thus, the defendant's counterclaim claim is without merit.

2. The judgment of the court of first instance is justifiable, and all appeals filed by the plaintiff and the defendant are dismissed as it is without merit. It is so decided as per Disposition.

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