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(영문) 서울고등법원 2016.11.22 2014나2007450
부당이득금반환
Text

1. The plaintiff BG's appeal shall be dismissed.

2. Of the judgment of the court of first instance, the amount exceeding the following order to pay.

Reasons

1. The reasons for this determination are as follows: “The 197 year” in Section 3 of Section 11 of the judgment of the court of first instance shall be “from August 1997 to December 1997”; “attached Form 11” in Section 18 shall be “attached Form 1 calculation sheet”; except for cases in which the 11th and 18th of the judgment of the court of first instance each is based on “attached Form 1 calculation sheet”; and therefore, the corresponding part of the judgment of the court of first instance (from Chapter 14 to Chapter 12, Form 11 of the Civil Procedure Act) is identical to the corresponding part of the judgment of the court of first instance

2. The details of the relevant statutes are as shown in attached Form 2;

3. We examine, ex officio, whether Plaintiff BG’s appeal is lawful.

An appeal may only be filed against a judgment unfavorable to himself/herself, and an appeal against a judgment in favor of the whole winning judgment is unlawful as there is no benefit.

(see, e.g., Supreme Court Decision 2007Da20235, Jul. 13, 2007). The Plaintiff filed a claim against the Defendant for payment of the amount indicated in the “amount of claim” column of the attached Table 1 of the calculation sheet. As such, the fact that the court of first instance rendered a judgment in favor of Plaintiff BG is apparent in the record, the appeal filed by Plaintiff BG against the judgment of the first instance that won the entire winning judgment is unlawful as there is no benefit of appeal.

4. The summary of the plaintiffs' assertion is that the apartment house in this case is converted for sale in lots, and ① the housing site cost should be calculated at 80,90, and 100% of the development cost in accordance with the standards for supply price of housing sites corresponding to the rental housing site in the Seoul Metropolitan area under the attached Table 3 of Article 14 (1) of the Housing Site Development Work Guidelines, but the defendant calculated the housing site cost only at 100% of the development cost. ② The housing site cost, including the housing site cost, was not deducted from the calculation of the construction cost even if the expenses were not required for or not executed, and ③ the construction cost should be calculated based on the construction cost based on the "actual construction cost", thereby calculating the sale price based on the standard construction cost.

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