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(영문) 서울고등법원 2017.01.13 2016나2043382
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance except for the addition or dismissal as follows, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following details shall be added between 3rd and 17th of the judgment of the first instance:

On the other hand, the co-Plaintiff A died on June 26, 2015, and the rest of the plaintiffs, who are children, taken over the lawsuit of this case as the heir." On the other hand, the "AJ" in Part 7, 8, of the judgment of the first instance court, was taken over as the "CI".

The following details shall be added between the 7th sentence of the first instance and the 17th sentence:

As in the instant case, the judgment cited by the Plaintiffs in relation to the land provided as a result of a disposition of replotting by the H District Land Readjustment Project (Supreme Court Decision 201Da52017 Decided May 10, 2012 and Seoul High Court Decision 2012Da39143 Decided September 27, 2012) is different from the instant case since the land provided as a road and the location and use status of the land owned by the said Plaintiffs are different from those of the instant case (it cannot be deemed that the land used as a road in the instant case contributed to the increase of utility, such as that the said land serves as a passage of other land of the said Plaintiffs).

A person shall be appointed.

2. According to the conclusion, the judgment of the first instance is justifiable, and all appeals by the plaintiffs are dismissed as it is without merit. It is so decided as per Disposition.

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