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(영문) 서울고등법원 2018.12.13 2018나2014333
부당이득반환 청구의 소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for this part of the underlying facts are stated in the reasoning of the judgment of the first instance, except for the addition or replacement as follows:

(The main text of Article 420 of the Civil Procedure Act). The two pages of the judgment of the first instance are as follows: “The deceased C” (hereinafter “the deceased”) and the two pages are as follows: “H cooperatives” (hereinafter “I”) and “H cooperatives” (hereinafter “I Cooperatives”) are as “I Cooperatives”. The two pages of the judgment of the first instance are as follows.

The Incheon Urban Development Corporation (hereinafter referred to as the "Incheon Urban Development Corporation") shall be incorporated into the Incheon Metropolitan City Urban Development Corporation (hereinafter referred to as the "Incheon Urban Development Corporation") under one attached Table 3 of the judgment of the first instance.

2. The parties' assertion

A. The reasoning for this part of this Court is as follows, and the corresponding part of the judgment of the court of first instance (from 3rd to 4th 12 pages) is the same with the reasoning of the judgment of the court of first instance, except for the written appeal as follows:

(The main text of Article 420 of the Civil Procedure Act). The 3rd half of the judgment of the court of first instance stated the "compensation to be paid by the Incheon Urban Corporation" as the "compensation to be paid by the Incheon Urban Corporation according to the acceptance of this case" (hereinafter "the compensation of this case").

Each "H cooperative" in the fourth sentence of the judgment of the court of first instance shall be raised into "I Cooperatives".

B. Defendant 1) All of the successful bid price of the instant land was borne by the Deceased, and the Plaintiff concluded a title trust agreement with the Deceased with the intent to vest in the ownership of the instant land, so the instant expropriation compensation should also be reverted to the Deceased. (2) The Plaintiff consented to obtain a loan from the International Cooperative as a security for the instant land for the deceased’s business and agreed to set up a collateral security right in the International Cooperative, and agreed to pay the instant expropriation compensation to the International Cooperative and the Defendant and the Incheon Urban Corporation, even in the process of the instant expropriation, and completed the first and second written agreement. The instant claim was made by the respective agreements.

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