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(영문) 서울고등법원 2020.11.19 2020나2010679
부당이득금반환
Text

1. Of the judgment of the court of first instance, the remainder, excluding the part concerning the withdrawal of KRW 300,000,000, February 28, 2014, is as follows.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, except for dismissal or addition as follows, and the corresponding part of the judgment of the court of first instance (except for the remaining part of 5 e.g., conduct 5 e., conduct e., conduct e., conduct e., conduct e., conduct 7 e., conduct).

The 4th page 17 of the first instance judgment is "........................................................

In the judgment of the court of first instance, the following three to six pages shall be modified as follows:

“The Defendant asserts that KRW 64,316,394, out of the paid money, was used for each Plaintiff as rent, on the pretext of contract processing expenses, etc. However, it is insufficient to recognize that the money paid under the name of D’s tax, company management expenses, transaction expense, transaction expense, electricity fee, etc. in D’s account was used for the Plaintiff. The entries in the evidence No. 32 are insufficient to recognize that the Defendant paid KRW 19,950,000 in total to the lessor from July 2012 to October 2013, 2013, and there is no other evidence to acknowledge this differently. If the first instance judgment of the court of first instance, the last sentence “from 8,00,000” became “from 19,950,000,000 for the Plaintiff.”

To transfer the right by a juristic act, a disposal act by the holder of the right or a person having the authority of disposal is required.

Where an unentitled person disposes of another person's right, the right shall not be transferred, except in extenuating circumstances.

However, in such a case, it is permissible in accordance with the principle of private autonomy that the right holder can establish his legal relationship according to his own will.

Such ratifications must be known to the person without rights, and may be made explicitly or implicitly, and the declaration of intention is made by the person without rights.

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