logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.01.20 2016나35776
사용료
Text

1. Of the judgment of the court of first instance, the Plaintiff lost the claim for the return of the unclaimed construction material that is ordered to be delivered under paragraph (2).

Reasons

1. Scope of trial of the political party after remand;

A. In the first instance court’s simple annexation, the Plaintiff sought the return of unjust enrichment by not later than the time when the unpaid building cost was returned, ① salary, ② rent for building temporary materials, ③ reimbursement of expenses incurred under the agreement, ④ refund of KRW 3 million for the Plaintiff’s damages in custody, ⑤ refund of unclaimed building temporary materials, ⑤ refund of unclaimed building temporary materials, and ④ refund of unjust enrichment by not later than the time when the unpaid building cost was returned. The court of first instance accepted only a part of the claim

B. With respect to the judgment of the first instance court, only the Plaintiff appealed the aforementioned claim: (2) the rent for new construction materials; (3) the reimbursement of expenses incurred under the agreement; (5) the return of new construction materials that have not been recovered; and (6) the repayment of unjust enrichment until the refund of new construction materials that have not been recovered; and (2) the first instance court prior to the remand accepted only part of the rent for new construction materials and dismissed all the remaining appeals.

C. As to the judgment before remand, the Plaintiff and the Defendant appealed and appealed with respect to the part against which they lost, and the Supreme Court rendered a judgment of remanding the part of the judgment prior to remanding, which is reversed by accepting the Plaintiff’s appeal regarding the return of the new construction cost return, and that part of the judgment prior to remanding is reversed, and that part of the appeal is remanded to this court, and all remaining appeals are dismissed.

Under the circumstances, ① salary, ② rent for building temporary materials, ③ reimbursement of expenses incurred under an agreement, ④ refund of KRW 3 million for the Plaintiff’s damages under the Defendant’s custody, ④ restitution of unjust enrichment by the time the unpaid building temporary materials are returned to this court, and ⑤ only the portion claiming the return of the unpaid building temporary materials is remanded to this court. Thus, the scope of this Court’s judgment is due to nonperformance of the duty to return the unpaid building temporary materials, ⑤ the portion claiming the return of the unpaid building temporary materials and the portion claiming the return of the unpaid building temporary materials.

arrow