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(영문) 서울북부지방법원 2020.04.02 2019나33676
부당이득금
Text

1. From April 12, 2018, the part concerning the principal lawsuit in the judgment of the court of first instance as to real estate indicated in the annexed list.

Reasons

1. Objects to be tried on the political party after remand;

A. In the first instance court, the Plaintiff filed a claim for unjust enrichment, such as the purport of the claim in the principal lawsuit, and the Defendant filed a claim for payment of the amount as stated in the counterclaim, and the court of first instance affirmed the Plaintiff’s claim in its entirety and ruled to dismiss the Defendant’s counterclaim in its entirety.

B. The Defendant appealed to the entire judgment of the first instance. The reasoning of the judgment prior to the remanding of the case lies only on the “part of delay damages for KRW 39,927,530” in the main lawsuit of the first instance judgment, and only on the “part of delay damages for KRW 39,927,530” in the main lawsuit of the first instance judgment, and on the remainder of the main lawsuit and the part concerning the counterclaim, the judgment of the first instance is maintained as it is. In contrast, the part concerning the main lawsuit of the first instance judgment as well as the “part of delay damages for KRW 39,927,530” in the part concerning the main lawsuit of the first instance judgment as well as the “damage damages for delay for delay for KRW 39,927,530” was revoked, and the part concerning the Plaintiff’

C. The Plaintiff and the Defendant filed an appeal against their losing part of the judgment of the party before remanding. The Supreme Court reversed the part against the Plaintiff regarding “the claim for restitution of unjust enrichment from April 12, 2018 to the completion date of delivery of the instant real estate” in the judgment of the party before remanding, and remanded this part of the case to the Seoul Northern District Court, and both the Plaintiff’s remaining appeal and the Defendant’s appeal were dismissed.

Therefore, the part concerning the principal lawsuit in the judgment of the court of first instance, excluding the part concerning the return of unjust enrichment from April 12, 2018 to the completion date of delivery of the real estate in this case, and the whole part concerning the counterclaim, was already separated and finalized, and excluded from the scope of the judgment of the court of first instance. Of the part concerning the principal lawsuit in the judgment of the court of first instance, only the “request for return of unjust enrichment from April 12, 2018 to the completion date of delivery of the

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