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(영문) 부산지방법원 2016.12.02 2015나50702
부당이득금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The sum of rent per square meter" in Section 7 of Section 3 of the judgment of the court of first instance shall be "the sum of rent as of February 8, 2015"; "20% per annum" in Section 13 shall be "15% per annum"; and "the result of the entrustment of rent to the appraiser C cannot be deemed to have been significantly erroneous in the method of appraisal, etc." in Sections 1 and 2 of the judgment of the court of first instance shall be "it shall not be deemed that the result of the entrustment of rent to the appraiser C in the judgment of the court of first instance may not be deemed to have any unlawful or significant error in the method of appraisal (in particular, calculation of the basic price and expectation rate), etc.; it shall not be deemed that there is any error in the conclusion of the judgment of the court of first instance as of February 8, 2015," and the new argument of the defendant at the court of first instance shall be added to the new argument of the defendant.

2. Additional determination

A. (1) The defendant asserts that in the lawsuit of removal of each of the facilities of this case filed by the plaintiff against the defendant and removal of building, etc., the Busan District Court 2006Na7225, the appellate court of the lawsuit of delivery of the part of the building of this case, the claim for rent concerning the part of the building of this case was added and withdrawn. The lawsuit of this case seeking payment of unjust enrichment equivalent to rent to the defendant against the defendant is contrary to the res judicata or binding effect of the final judgment of the above appellate court, and thus, it shall not

(2) In full view of the purport of the entire pleadings in each of the records as follows: (a) 1 and 2, the Plaintiff filed a lawsuit against the Defendant for the removal of each of the facilities of this case under the Busan District Court Decision 2004Da147876, and for the delivery of the building of this case and the payment of consolation money, and received the judgment in favor of the Plaintiff on the claim for removal and delivery; and (b) the Plaintiff.

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