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(영문) 대법원 2019.07.04 2016다247773
부당이득금
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

For reasons indicated in its reasoning, the lower court rejected the Defendant’s defense that the Defendant’s claim for return of unjust enrichment equivalent to the wastewater treatment expenses and the claim for return of unjust enrichment equivalent to the wastewater treatment expenses against the Plaintiff is not recognized, and offset the Plaintiff’s claim for return of unjust enrichment against the Plaintiff’s claim for return of unjust enrichment.

In light of the relevant legal principles and the records, such determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on repayment to quasi-occupants and the claim for return of unjust enrichment

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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