logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.01.23 2012나95822
부당이득금반환
Text

1.The judgment of the first instance shall be modified as follows:

피고는 원고들에게 별지2 계산표 ‘⑪ 부당이득액’란...

Reasons

1. The basic facts;

2. Relevant statutes and regulations;

3. The reasoning for the court's argument on this part is as follows: (a) the first instance court's last 3 pages to 4 pages 3 are used again as follows; (b) each of the instant special supply housing units (the site of single house, hereinafter referred to as "the instant special supply housing site"); and (c) each of the instant special supply housing units "B" of the instant case is identical to each of the reasons for the first instance court's decision except for the instant temporary supply housing site, and thus, (d) it is cited by the main sentence of Article 420 of the Civil Procedure Act pursuant to the main sentence of Article 420 of the same Act.

C. The above B.

As the development project of this case is completed and the lot number and area are determined, the sale contract of this case mentioned in paragraph (hereinafter referred to as "each sale contract of this case") was entered into on the basis of each unit area, and its contents were modified as stated in the “area 1” column and “B sale price” column in attached Table 2 calculation sheet.

The Plaintiffs paid each of the amounts listed in [Attachment 2 Calculation Table 3] to the Defendant by no later than the date stated in the separate sheet 1 and the table of succession to rights and obligations, and paid all the sales price under each of the instant sales contracts (hereinafter “each of the instant sales prices”).

The reasons for difference between the amount stated in the [Attachment 2 Calculation Table 3] and the amount stated in the “2-sale price” column is that each of the instant sales contracts provides that the sales price shall be paid in installments several times, and each of the installment payments shall be discounted if the advance payment is made, and the delay damages shall be added if the advance payment is made.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 19 (including each number in the case of additional numbers), the purport of the whole pleadings

4. Return of unjust enrichment:

A. The premise doctrine 1 is the former Public Works Act.

arrow