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(영문) 대전고등법원 2016.01.15 2015나12770
부당이득금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning for this Court’s explanation is as follows: (a) the reasoning from [1. Basic Facts] to [3. Determination on Claim for Sales Price] of the first instance court’s decision, except for the cases where the cited part is used, deleted, or added as follows, and thus, the cited part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Defendant C’s “Defendant C” and Defendant B’s “Defendant B” respectively.

A. The Defendant, under the instant agreement, jointly held with the Defendant in accordance with the instant agreement, jointly held that “the Defendant is jointly held with B”; the Defendant’s assertion of the 6th four parallels, 9th parallels, and 21 parallels in the 6th parallels, and 9th parallels in the 9th parallels in the 9th parallels with B; and the Defendant jointly held that “the Defendant is jointly held with B”; and the remainder of “the Defendant” in the 9th parallels in the 9th parallels with B, respectively.

A. [Attachment] 9 11-14, 11-14, and 12-14, respectively. [Additional Parts] 8-11, adding “The Plaintiff and D, according to the agreement with the instant trade agreement, appears to have invested part of the new construction price of each of the instant land and multi-household houses.” In conclusion, the Plaintiff’s claim against the Defendant against the Defendant is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. Accordingly, the judgment of the court of first instance is justifiable, and the Defendant’s appeal is dismissed as it is without merit. It is so decided as per Disposition.

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