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(영문) 서울고등법원 2015.10.16 2014나58995
부당이득금
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is the same as that of the judgment, except for partial revision as follows.

The revenue of rent for three pages 2 and 3 of the decision of the court of first instance shall be changed to "management expenses revenue", and the "illegal expansion" of 7 pages of the same side shall be changed to "illegal extension".

The part of the judgment of the first instance court 9 to 11 of the 3th 9-11 of the 9th 1st 1st am " shall be revised to the amount of consolation money of KRW 51,665,679 (the amount equivalent to KRW 464,00,000 and KRW 52,656,795 in loss of rental profit) as "as the Appointed suffered emotional distress from the Appointed," which is "."

The 4 pages 4 of the first instance court's decision shall read "Expert H of the first instance court's judgment" as "Expert H of the first instance court's judgment", "2013" as "203", and "paragraph 1" as "(i)", respectively. The 5 pages 1 of the first instance court's decision was "I".

"I".

The Plaintiff asserted that the Defendant entered into the instant sales contract with respect to No. 104 and No. 403 of the instant building, and that the Plaintiff entered into a false or double lease agreement. However, the Plaintiff entered into a false lease agreement with a view to deceiving the market price of the instant real estate solely based on the descriptions of No. 13-1 and No. 5.

It is insufficient to recognize that the appointed party has taken over the obligation to refund the lease deposit in excess of the obligation to return the lease deposit amount of KRW 844,00,000 from the defendant, and there is no other evidence to acknowledge it.

(i) revise “the monthly rent revenue” in the fifth five pages of the judgment of the first instance. It shall be amended to “the management fee revenue”.

"B" number, including "C" number, if any, shall include three of the seven pages of the first instance judgment; hereinafter the same shall apply.

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