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(영문) 부산고등법원 (창원) 2018.06.07 2017나24086
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 reasoning of the court of first instance’s explanation as to the instant case is as follows: (a) the reasoning of the court’s explanation is written as to the instant case; and (b) the reasoning of the first instance judgment is identical to that of the Plaintiffs, except for adding the judgment identical to that of paragraph (3) to the allegations presented by the said court; and (c) thus

The grounds for appeal by the plaintiffs, except for the portion to be determined additionally as stated in paragraph (3), are not significantly different from the allegations in the first instance court, and the fact-finding and determination in the first instance court are deemed legitimate, considering all the additional arguments and evidence added by this court). 2. On the part of the first instance court, the "written evidence Nos. 1 and 12" in the 6th judgment of the first instance court was cited as "written evidence Nos. 1, 8, and 8".

Then, the first instance court’s 7th page 2 reads. .. .. .. ... ... .... .... ......... ................................. were made known through press.

According to the 9th judgment of the first instance court, even though the original market requested the defendant to suspend the project, the defendant still presented the opinion of the administrative agency before applying for the authorization for establishment and approval for the project plan, it cannot be ruled out that the administrative agency's guidelines or policies are changed, and even if the project in this case is not implemented since the authorization for establishment was not granted later, it shall be deemed that the risk of business non-existence existing in the apartment construction project in the method of the regional housing association is later realized."

3. The Plaintiffs are entitled to refund the full amount of contributions (including business promotion expenses) paid by the Plaintiffs if the Defendant fails to obtain authorization to establish an association by April 30, 2017.

After the contract is made.

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