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(영문) 부산고등법원(창원) 2019.10.24 2018나12561
부당이득반환청구의 소
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded by this court, shall be modified as follows:

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal as provided in paragraph (2) below. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In the third part of the judgment of the court of first instance that is dismissed or added, the phrase “(s)” in Forms 1 through 4 of the judgment of the court of first instance shall be as follows:

Each registration of ownership transfer or registration of ownership transfer shall be completed with respect to 1/6 shares of the real estate listed in the table 1, 3, 4, and 5 of attached Table 1 among the real estate listed in the table 1, 1/2, 2,457/5, 094, and 1/4 of the real estate listed in the No. 6, and 1/6 shares of the real estate listed in the No. 7, respectively among the real estate listed in the table 1, 3, 4, and 5 of attached Table 1, "73,479,525 won" among the 10th sentence of the first instance judgment

The "2018.2." in Chapter 4 of the fifth decision of the court of first instance shall be " June 2019".

Forms 6 through 11 of the judgment of the court of first instance are as follows.

From August 2015 to June 2019, 2019, the sum of the real estate rent and management expenses in this case from August 1, 2015 to June 2019 [the sum of the rent for the lease from August 10, 2015 to November 12, 2017] KRW 1,028,531,973 [the sum of the rent for the lease from August 10, 2015 to November 12, 2017, KRW 8,640,000 in [the sum of the rent for the lease from November 8, 2017 to February 2018] and KRW 8,170,000 in [the sum of the rent for the lease from the real estate in this case to June 1, 2019 to KRW 1,028,170,000,000 following the judgment of the court below No. 2818,84,986];

“The Defendant is obligated to pay the Plaintiff KRW 53,813,867 with the lease proceeds of the instant real estate and delay damages therefor. ① Total amount of lease proceeds: KRW 1,028,531,973; ② Total amount of the cost of managing the instant commercial building: KRW 607,904,239; ③ Net lease proceeds accrued from the instant real estate (= ② 420,627.

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