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(영문) 부산고등법원 (창원) 2018.02.22 2017나22080
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's primary claim against the defendant E is the real estate.

Reasons

1. The basic facts;

2. The reasoning for the court’s explanation on this part of the Plaintiff’s assertion is as stated in the judgment of the court of first instance, except for the following modifications or additions. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

5,000,000 won shall be 15,00,000 won for 3 pages 5 of the judgment of the first instance.

In the first instance judgment, 7 pages 9 of the first instance judgment was reverted and the following shall be added:

“(A) On November 18, 2015, the Plaintiff acquired all the above claims from the Korea Land Trust, and notified the Defendants of the purport of the claim and the application for modification of the cause of the claim as of March 21, 2017.

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3. Judgment as to the main claim

A. The lease on the part of claim for restitution of unjust enrichment (the part of claim against Defendant A, B, C, D, and E) provides that one of the parties agrees to allow the other party to use or benefit from an object, and the other party agrees to pay rent for it. Furthermore, it is not a requisite to establish the lessor to lease ownership or any right to lease the object. Thus, even if the object of lease is owned by the other party, the lessee is obligated to order the lessor to return the object and pay the rent in arrears until the end of the lease, unless there are special circumstances, such as the other party's request for return of the object, rent, or the corresponding amount of the leased object, even if the object of the lease is owned by the other party, and the lessee is also obligated to return the rent equivalent to the rent due to the possession or use of the real estate from the end of the lease until the end

(2) The trust is a trust of real estate because a truster transfers the property to a trustee or disposes of the property for the purpose of the trust, thereby having the trustee manage or dispose of the property for the purpose of the trust.

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