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(영문) 서울고등법원 2019.11.26 2019나2031946
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 reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, in addition to the partial dismissal as follows. Thus, this is accepted in accordance with the main sentence of Article 420

The fourth 19th 19th 19th son of the judgment of the court of first instance is not " and it is confirmed that the plaintiff obtained approval on the whole details."

The "real estate management" in the 7th sentence of the first instance judgment, the 20th sentence, the 8th 14th sentence, and the 9th 11th sentence shall be considered as "management of real estate".

The 19th to the 10th 4th eth eth 10th eth eth eth eth eth eth eth.

[C. 1] The Defendant, based on the fiduciary relationship between the father and the father, delegated asset management from the Plaintiff, managed the land Nos. 1, 2, and 1, and 2 of this case owned by the Plaintiff. Since the part exceeding the expenditure out of the total revenue as seen above is owned without any legal ground, the Defendant is obligated to return it to the Plaintiff as the principal.

(2) As to the Plaintiff’s return of unjust enrichment, the Defendant is obligated to pay to the Plaintiff 1,49,263,904 won (=6,717,65,655,000 won - 5,218,391,096 won), which is the following day after the complaint of this case was served on the Defendant as requested by the Plaintiff, to dispute over the existence and scope of the Defendant’s performance obligation, from April 6, 2017 to June 28, 2019, where it is deemed reasonable to dispute over the existence and scope of the Defendant’s performance obligation, 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of the first instance judgment, until June 28, 2019, from the next day to the day of full payment.”

2. The first instance judgment is justifiable, and all appeals by the plaintiff and defendant are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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