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1. The plaintiffs' appeal and the claims added to the trial are dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. 제1심 판결의 인용 이 법원이 이 사건에 관하여 설시할 이유는, ① 제1심 판결문 제3면 5행의 ‘별지 원고 목록표’를 ‘별지2 목록’으로 고치고, ② 제6면 6행의 ‘A과읜’을 ‘A과’로 고치며, ③ 당심에서 추가로 제출된 증거로서 원고들의 주장을 인정하기 부족한 갑 제26 내지 33호증(가지번호 있는 것은 가지번호 포함)의 기재를 배척하고, ④ 당심에서 추가한 청구에 관해 아래에서 판단하는 것 외에는 제1심 판결 이유 기재와 같다.
It is quoted by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The plaintiffs asserted that they concluded the instant sales contract by deceiving the Defendants.
Since the Plaintiffs cancel the instant sales contract, the Defendants are obligated to return the sales price paid by the Plaintiffs as unjust enrichment.
B. In light of the judgment, it is not sufficient to recognize that the Defendants committed a fraudulent act during the process of concluding the instant sales contract even if the Plaintiffs had proved prior to the conclusion of the judgment, and there is no other evidence to acknowledge it.
In addition, even if the performance under the contract was made to a third party, the obligation to return unjust enrichment following the cancellation of the contract shall be borne by the contracting party.
(See Supreme Court Decision 2009Da98706 Decided March 11, 2010). The Defendants concluded that they were not parties to the instant sales contract.
The plaintiffs' assertion is without merit.
3. All of the plaintiffs' claims are dismissed because they are without merit. The judgment of the court of first instance is just and without merit, and the plaintiffs' appeal is dismissed, and the additional claims are dismissed in the trial. It is so decided as per Disposition.