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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 court of first instance’s explanation concerning this case is as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, except for partial revision as follows.
The 10th page 4 of the judgment of the first instance shall be amended from the 12th to the 12th page as follows.
In full view of the purport of evidence No. 4 and evidence No. 10-1 and No. 2, the appellate court of the lawsuit filed by the Plaintiff against H, i.e., Seoul High Court 2017Na2059216, which was the appellate court of the lawsuit claiming return of unjust enrichment against H, i.e., the Plaintiff’s assertion as follows, i., the E apartment site, etc. offered as security due to the Plaintiff’s failure to repay its loans from H, reverts to H beyond auction. The Plaintiff waived the right of business under the condition that the construction progress rate of the said 58.6% exceeds 58.6%, but there was no waiver of the right to the amount equivalent to the construction cost that the Plaintiff invested in the construction of the apartment. As seen above, H merely acquired the remainder after completing the construction work after acquiring the apartment building by acquiring it, or obtained profits from selling it in excess of the construction cost amount of KRW 2.427 billion, 2000,000.