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(영문) 대전지방법원 2016.10.07 2016나2749
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

The court did not properly reflect the following facts: "In addition, the plaintiff is the difference of the land of this case by the appraiser of the first instance court in calculating the price higher than the officially announced price of the land of this case; the category of the land of this case is a road; and the defendant uses the land of this case to raise the profit of KRW 700,000 per month; and it is so unfair that the expectation interest rate is applied to 3%. However, there is an error of law in calculating the difference of the land of this case by the appraiser of the first instance court, or it is not sufficient to find that the result of the appraisal of the first instance court is unfair, and there is no other evidence to acknowledge it otherwise, the plaintiff's above assertion is not acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act."

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

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