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(영문) 대구지방법원 2018.06.28 2017나312566
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is citing it as it is by the main sentence of Article 420 of the

2. The part of the judgment of the court of first instance, which is dismissed or added, was written down with “769,667,600 won,” which was written between the second column and the third column, to the effect that “The sales contract was concluded to purchase KRW 756,67,600, including KRW 5,000,000, in total, the sales price of KRW 756,667,60,00 (= KRW 751,667,600,000).”

The part of the second column of the judgment of the first instance to the fourth column of the heat multiplied by Nail is that the sum of KRW 154,742,598 (i.e., the remainder of KRW 5,000,000 and KRW 74,575,838 (the remainder of KRW 70,166,760) was paid.”

The second last end of the judgment of the court of first instance is "the defendant" and the second end is "the plaintiff."

The following shall be added to the third end of the judgment of the first instance, which is the "acquisition cost":

In purchasing the right to sell the apartment of this case from D, the Plaintiff paid KRW 18,00,000 at the premium to pay KRW 5,000,000 on June 10, 2015, and paid KRW 13,000,000 on July 7, 2015, the Plaintiff asserted that the above amount of KRW 13,000,000 paid on July 7, 2015 constituted the Defendant’s unjust enrichment. However, as acknowledged earlier, the Plaintiff’s purchase of the right to sell the apartment of this case from D and paid KRW 5,00,000 on June 10, 205, the Plaintiff paid KRW 10,000 on June 10, 200 or additionally paid KRW 5,00 on the purchase right to sell the apartment of this case, or paid KRW 5,00,000 on June 10, 200.

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