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(영문) 서울고등법원 2015.06.05 2013나78886
부당이득금반환등
Text

1. The part against Defendant D in the judgment of the first instance, including the Plaintiffs’ claims extended and added in the trial.

Reasons

1. In the first instance trial within the scope of the trial of this Court, the Plaintiff church requested that the Defendants jointly and severally pay KRW 240,600,000 to the Plaintiff church due to the cancellation of the contract, etc., and the Defendants subsequently sought payment of KRW 127,135,829 [The amount paid in excess of KRW 15,598,495 per square meter out of the sale price] of the share in the road (the amount paid in excess of KRW 700,000 per square meter out of the sale price) as positive damages of KRW 15,598,495]. The court of the first instance dismissed the main claim and accepted only the claim of KRW 15,598,495 for non-performance road works expenses against Defendant D in the preliminary claim.

In the case of the remaining plaintiffs, ① the payment of KRW 20,797,93 (or KRW 15,598,495) of the non-performance road work cost; ② the Plaintiff B claimed KRW 20,797,93 (or KRW 15,598,495) of the non-performance road work cost; KRW 23,590,00 of the retaining wall and refixer construction cost; ③ the Plaintiff C claimed KRW 20,797,993 (or KRW 15,598,495) of the non-performance road work cost; ③ the Plaintiff C claimed KRW 70,60,00 of the non-performance road work cost; ② the Plaintiff’s remainder of the claim against the Defendant D’s non-performance road work cost; KRW 15,500,000 for the non-performance road work cost; KRW 505,005,000 for the non-performance road work cost; and the Plaintiff’s remainder of the claim against the Defendant D.

On the other hand, the plaintiff church filed an appeal against the defendants as to the whole of the part of the conjunctive claim against the defendants, and then requested the defendants to pay 21,367,50 won for non-performance road construction expenses and 30,674,956 won for non-performance road shares (negative damages), and the defendant D appealed against the whole part of the loss.

Plaintiff

A, B, and C did not appeal to Defendant D.

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