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(영문) 광주고등법원 2020.05.27 2019나23090
부당이득반환 청구의 소
Text

1. The plaintiff's appeal is all dismissed.

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

3. Judgment of the court of first instance is delivered with Paragraph (1).

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance (written evidence Nos. 28 through 32, witness G of the court of first instance) was presented in the court of first instance, the fact-finding and judgment of the court of first instance are all justifiable.

Therefore, the reasoning for this Court’s explanation is as follows, except for adding a judgment on the argument emphasized by the plaintiff in the trial as set forth in paragraph (2) below, and therefore, it is identical to the reasoning of the judgment of the first instance. Therefore, this Court shall accept it as it is by the main text of Article 420

2. In addition, the Plaintiff asserts that the Defendant’s acquisition amount of the instant real estate and the acquisition amount of the right to collateral security, which the Defendant acquired from the Plaintiff, was 1.455 billion won in total, and that the amount of KRW 1.1 billion in total, which the Defendant borne by the Defendant, but the remainder of KRW 350 million in total, was borne by the Plaintiff with the investment amount of KRW 350 million in D, etc., and that the Defendant unjust enrichment of the above KRW 350 million in total.

(2) The court below's decision that the plaintiff paid 350 million won out of the above obligation to acquire the real estate of this case agreed between the plaintiff and the defendant on behalf of the defendant C after the conclusion of pleadings is justified. The court below's decision that the plaintiff's claim for reimbursement should be added as the plaintiff paid 350 million won out of the above obligation to acquire the real estate of this case to the defendant C. However, the court below's decision that the plaintiff's claim for reimbursement should not be deemed as unjust enrichment since the plaintiff's actual purchase price of the real estate of this case agreed between the plaintiff and the defendant was 1.1 billion won.

The Plaintiff’s entry of KRW 1.45 billion in the application for the permission of the rehabilitation court or the sales contract of this case as KRW 1.45 million in his/her rehabilitation security right obligation for his/her C company is early repaid.

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