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(영문) 서울고등법원 2018.12.26 2018나2033488
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

With respect to this case, this court's reasoning is identical to the entry of the reasoning of the judgment of the first instance except for partial revision as follows. Thus, this court's reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In the third page of the judgment of the first instance court, "the defendant" shall be changed to "the head of Eunpyeong-gu".

Part 4 of the decision of the first instance court, "Nos. 17 (including each number), and No. 10 (including each number)," are "No. 19, No. 1, 9, 10, and 16 (including each number)" in Part 9.

From 4th to 20th to 4th to 10th to 4th to 10th to 20th to 10th to 20

『⑵ 만일 이 사건 학교용지의 지반고 하향공사가 불가능한 상황이었다면, 원고는 위 사실을 알지 못한 채 지반고 하향공사가 가능하다는 착오에 빠져서 이 사건 협약을 체결한 것이므로, 이 사건 협약은 착오로 인한 의사표시로서 취소되어야 한다.』 제1심 판결문 제4면 제21행과 제5면 제1행 사이에 다음을 추가한다.

Part 5 of the judgment of the first instance court of "No. 10 shall be deemed to be a gift with a burden, unless it is simply designated as the purpose of the use of the gift (see Supreme Court Decision 72Da909, Jul. 25, 1972) that imposes an obligation on the donee to pay a certain amount of benefit, and the purpose of the use of the gift is not simply designated (see Supreme Court Decision 72Da909, Jul. 25, 197)."

Part 5, No. 11, No. 6, and No. 13 shall be deleted from the judgment of the first instance.

From 6th to 7th to 6th to 7th to 6th to 5th to 7th to 5th to 7th to 7th to 7

According to the contents of the instant agreement, it is reasonable to view that the Plaintiff is the content of the instant agreement for the motive or purpose that the Plaintiff donated the amount of KRW 1.5 billion to the Defendant.

However, the defendant is a building of D Elementary School.

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