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(영문) 서울고등법원(인천) 2020.11.20 2020나12385
분배금 청구의 소
Text

All appeals filed by the plaintiffs and the preliminary claims added by this court are dismissed.

after the filing of an appeal.

Reasons

The reasoning of the judgment of the court of first instance, which cited this case, is to delete from the 7th of the judgment of the court of first instance the “(from the 7th to the 9th of the judgment of the court of first instance” to the 5th of the 7th of the judgment of the court of first instance, and to the 5th of the 9th to the 10th of the 10th of the 10th of the 10th of the

2. Judgment on the conjunctive claim

A. The articles of incorporation of the defendant's summary of the plaintiffs' assertion are valid, and the plaintiffs do not have rights.

Even if the defendant gains profit from the plaintiffs' property without any legal ground and thereby causes damage to the plaintiffs, the defendant must return the profit to the plaintiffs with unjust enrichment.

B. We examine the determination, as seen earlier, the evidence alone submitted by the Plaintiffs reveals the detailed details of the common subsidy paid to the R district at the time. It is difficult to clearly understand the funding for the establishment of the S facilities, such as the ratio subsidized to self-households and revenue generations, and the cost spent for the construction of the S facilities.

In addition, according to the purport of Gap evidence No. 12 and the whole argument, part of the voluntary joint project cost supported by Z village is deemed to have been used as the maintenance and repair cost of the S facilities, but even if the aforementioned voluntary joint project cost includes the plaintiffs' share of revenue generation, as long as the plaintiffs also use and profit from S facilities, it is difficult to readily conclude that the defendant obtained profit without any legal ground and suffered damage from the plaintiffs.

Therefore, the plaintiffs' above assertion is without merit.

3. In conclusion, the judgment of the court of first instance is justified, and all appeals are dismissed as it is without merit. The plaintiffs' preliminary claims added to this court are dismissed as well as all preliminary claims. It is so decided as per Disposition.

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