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(영문) 서울고등법원 2015.07.16 2014나54450
부당이득금 반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the first instance judgment, in addition to the application or addition of part of the judgment of the first instance as follows. Thus, it is acceptable to accept it as it is in accordance with Article 420 of the Civil Procedure Act.

The "208No268" in the fourthhh decision of the first instance court is "208No2688". The "the plaintiff under the sixth bottom is "the defendant", the "the defendant under the eighth fifth sentence is "the plaintiff," the "the plaintiff under the eighth fifth sentence is "the plaintiff," and the "A" under the nine fifth sentence is "the debtor foundation," and the "the plaintiff will make the registration of the establishment of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the first place of the case" under the 14th sentence is "the defendant will make the registration of the establishment of the creation of the creation of the creation of the creation of the first place of the case", the "the plaintiff under the 15th sentence is "the second place of the case", the "the plaintiff under the 16th sentence to "the second place of the case", the "the plaintiff under the 19th sentence to "the defendant, the defendant's "the 19th" to "the plaintiff" under the 19th "U".

The following shall be added between the 20th session and the 20th session of the first instance judgment:

"C. Whether the Defendant’s KRW 100,463,608 out of KRW 300,463,608, which was distributed to the Defendant in the auction procedure based on the instant collateral security, constitutes unjust enrichment, the Plaintiff is practically owned by Guro-gu Seoul K, L, and M land, which is the land subject to the instant collateral security establishment registration, and ultimately, the Defendant’s ownership of the debtor foundation on May 14, 2010.

8. 26. The amount of KRW 300,463,608 ( KRW 72,452,441, KRW 228,011,167) received from the debtor foundation is also the money that the defendant received from the debtor foundation in the auction procedure based on the instant collateral security, and the amount that the defendant was to receive from the debtor foundation under the instant lease agreement is merely KRW 500,000,000, as seen earlier, and thus, the defendant is unjust enrichment and 100.

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