logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.06.30 2016나2064624
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, in addition to the portion as in paragraph (2), and therefore, the reasoning of the judgment is cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. In order to see the volume of the enemy, the number between 8 and 9 of the first instance judgment shall be as follows:

Whether the Defendant recognized the Defendant’s obligation to return unjust enrichment is not a party to the instant exchange contract, and according to the record of reference materials submitted by the Plaintiff at the court of first instance on August 16, 2016, the Defendant may acknowledge the fact that the Defendant had not completed the registration of transfer of ownership with respect to 12 households out of the instant loan loan to a third party, and there is no evidence to prove that the Defendant sold 12 households out of the instant loan loan to a third party and directly received the payment. Therefore, on the ground that the instant exchange contract becomes null and void, the Defendant cannot be deemed to have returned 12 households out of the instant loan loan to the Plaintiff as unjust enrichment or bear the obligation to compensate for its value. The Plaintiff’s claim is without merit.

3. The judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed.

arrow