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(영문) 대전고등법원 2019.06.13 2017나16127
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. In the first instance court, the Plaintiff filed a lawsuit seeking the return of unjust enrichment against the Defendant. The first instance court accepted the Plaintiff’s lawsuit claiming objection and dismissed the claim claiming the return of unjust enrichment.

In this regard, the plaintiff only appealed against the part against the above loss, so this Court's judgment is limited to the primary claim, which is the claim for return of unjust enrichment, and the first and second preliminary claims added by the plaintiff in the trial.

2. Facts of recognition;

A. The defendant is the plaintiff's female living together, and C is the plaintiff's male living together.

B. On May 27, 2014, the Plaintiff revised the area of 14,940 square meters of forest land on May 27, 2014, the Plaintiff: (a) on May 28, 2014, the forest land was subject to registration conversion into 14,940 square meters of forest land in Chungcheongnam-gun; (b) on May 28, 2014, the forest land was subject to registration conversion into 89 square meters of forest land into 3,500 square meters; (c) on May 30, 2014, 612 square meters of forest land is M; (d) N, forest, 127 square meters of forest; (e) 0,527 square meters of forest land into P, forest, and forest; (e) 3,527 square meters of forest land; (e) 5,115 square meters of forest land remaining on R; and (e) on May 10, 2015, 2015>

C. The Defendant filed a lawsuit against the Plaintiff as Daejeon District Court 2012Gahap102982. On August 28, 2013, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant 146,043,300 won and interest calculated at the rate of 5% per annum from October 25, 2012 to August 28, 2013, and 20% per annum from the next day to the date of full payment” (hereinafter “relevant first instance judgment”).

Accordingly, the plaintiff appealed to Daejeon High Court 2013Na12004.

The defendant, with the judgment of the relevant first instance court as the executive title, has the share of 1/2 of the land in this case and the land category of 1,060 square meters on November 18, 2015 is changed to the land for a factory on the same day.

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