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(영문) 서울고등법원 2017.02.09 2016나2043436
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

1. The reasons why the court should explain in this decision are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the

2. Parts to be dried;

A. The second part of the second part of the judgment of the court of first instance is “E large 190.6 square meters” with “E large 190.8 square meters.”

(b)the following shall be added between conduct 13 and 14 of the judgment of the first instance.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, 10 (including branch numbers, if any) and the purport of the whole pleadings

(c) Forms 4 and 22, 5, and 3, of the first instance judgment shall be followed as follows.

(1) First, as alleged by the Plaintiff, the land prior to the instant replotting is deemed to be the instant apartment No. 1303 (hereinafter “instant apartment”).

In light of the health stand, Gap evidence No. 2-1, Gap evidence No. 5, and 10, etc., even if the evidence submitted by the plaintiff including the records of Gap evidence Nos. 12-12-15 (including the number of branch numbers) and the fact-finding results of fact-finding on the representative of the G reconstruction and improvement project association, and the circumstances of their arguments are considered, it is insufficient to acknowledge the fact that the land before the land substitution was substituted for the apartment of this case, and there is no other evidence to acknowledge them otherwise).

(d) Forms 5 and 17 of the judgment of the first instance shall be followed by the following:

(3) Next, the instant land prior to the instant land substitution is deemed to be an apartment owned by the Plaintiff (hereinafter “Plaintiff-owned apartment”).

The site ownership was included in the site ownership of the apartment owned by the Plaintiff, and the site ownership of the apartment owned by the Plaintiff shall be deemed to have been transferred to the Plaintiff, the owner of the apartment.

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