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(영문) 서울북부지방법원 2020.01.14 2019나34358
부당이득금반환
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. From the first instance court to the Defendant, the Plaintiff returned unjust enrichment. ① From May 7, 2015 to April 7, 2019, the lease benefit of KRW 7,050,00 among the real estate listed in paragraph (1) of the Attached List No. 1 (hereinafter “instant subparagraph”) and the real estate listed in paragraph (2) of the Attached List No. 2 (hereinafter “instant subparagraph”) from August 18, 2015 to April 7, 2019, the Plaintiff’s claim for restitution of unjust enrichment of KRW 13,089,90 (7,050,000,000,000 KRW 13,00,000,000, KRW 13,089,90,000 (hereinafter “instant subparagraph”) and KRW 13,000,000 from the date of the judgment, the Plaintiff’s claim for restitution of unjust enrichment of KRW 13,000 to KRW 301,509,01.61.

As to this, only the Defendant appealed against the part against the Defendant in the judgment of the first instance. The Plaintiff appealed from the court of first instance as to ① the lease profit of KRW 6.9 million from May 7, 2015 to March 18, 2019, and the lease profit of KRW 13,089,90 ( KRW 13,089,90) from August 18, 2015 to April 7, 2019, and KRW 19,989,90 ( KRW 6.9 million), which was subject to the attachment and collection order of KRW 10,135,616, the remainder of KRW 9,854,284 ( KRW 19,90,000, KRW 1989, KRW 1010, KRW 135,615, KRW 616, KRW 616, and the Plaintiff’s delay damages from the date of loss of ownership and the Plaintiff’s delay damages from the next judgment.

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