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(영문) 광주고등법원 (제주) 2018.03.28 2017나10802
부당이득금
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

The reasoning for this court's explanation is as follows. Since the reasoning for this court's explanation is the same as the reasons for the judgment of the court of first instance other than adding some contents or adding them, it shall be accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act. The portion to be used by the court of first instance shall be as follows: 1,546,045,01 won with interest rate of 5% per annum under the Civil Act (i.e., principal amount of KRW 1,45,756,756,30 won from February 26, 2015 to May 24, 2016 (i.e., interest rate of KRW 90,288,71 won from February 26, 2015 to KRW 90,288,954,989 (i.e., the above excessive portion of KRW 1,253,989, Jan. 7, 2015).

Therefore, the amount of KRW 794,535,00 (1.62 billion x 49%) equivalent to 49% of the Defendant’s share in the total real estate purchase price of KRW 4.7 billion from KRW 1.62,15 billion (4.7 billion x 34.5%) based on the ratio of the area of the auction land of this case among the total real estate purchase price of KRW 4.7 billion is the amount to be reverted to the Defendant.

Therefore, the defendant should return to the plaintiff at least KRW 1,253,954,989, which exceeds KRW 794,535,00 among the 2.8 billion that he received.

Judgment

We examine whether the above amount paid by the Defendant to the Plaintiff is the obligation of the Defendant to settle as asserted by the Plaintiff in this case.

If the statement in Eul evidence No. 7 reveals the purport of the whole argument, the defendant received the above KRW 2.8 billion around May 2016, and the plaintiff, the plaintiff, and AD from the plaintiff, the plaintiff, and the plaintiff as the plaintiff's shareholder.

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