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(영문) 대법원 2016.08.24 2015다219276
부당이득금반환등
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 1, 2, and 4, the lower court determined that even if the form of a private contract was conducted, it is reasonable to view that each of the instant agreements is an agreement on the burden accompanying the approval of the Defendant Daegu Metropolitan City on the construction project plan of the instant apartment, and that the imposition of the instant father and each of the instant agreements does not violate the principle of proportionality and proportionality, and that the instant agreement and each of the instant agreements cannot be deemed null and void as it constitutes a juristic act contrary to social order under Article 103 of the Civil Act. Accordingly, the lower court dismissed the Plaintiff’s primary claim premised on the invalidity of each of the instant

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the principle of prohibition of unfair decision-making and the principle of proportionality, Article 103 of the Civil Act, or by misapprehending the facts against the rules of evidence.

In addition, as long as such determination is made, the legitimacy of the Plaintiff’s assertion on the legal nature of each of the instant agreements does not affect the conclusion of the judgment.

2. As to the ground of appeal No. 3, this part of the ground of appeal is related to the judgment by the court below on the propriety of the family register, and as long as the judgment by the court below was just, the propriety of the above judgment does not affect the conclusion of the judgment, and the ground of appeal No.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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