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(영문) 서울서부지방법원 2020.09.24 2020나40485
부당이득금
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. With respect to this part of the basic facts, the court's explanation is the same as the corresponding part of the judgment of the court of first instance, except for the modification of the part of the judgment of the court of first instance as follows, and thus, it is acceptable in accordance with the main sentence of Article 4

The fourth judgment of the first instance court is the same.

On May 18, 2012, “B” on July 29, 2012, 201, the following facts: “F 5th 5th eth eth eth 201, the first instance court’s judgment, “F,” “F 6th eth 3-5th eth eth 6th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth gth eth eth eth eth eth eth gth eth eth gth eth eth eth gth eth eth eth eth eth eth eth g)”; “A

2. The reasons for this Court’s explanation concerning this part of the plaintiffs’ assertion are as follows: E, F, and G “E”, “E,” and 6-2(b) of the first instance court’s judgment.

c) d subsequent to the paragraphs of this paragraph:

Except for adding a claim, it is identical to the corresponding part of the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. Defendant C, D, E, J, and M entered into a lease agreement with Q and U on August 31, 2009, and did not actually pay the lease deposit to Q and U. Q and Q and U. Defendant H paid only KRW 1500,000,000, out of the lease deposit, in collusion with U.S., the Defendants were entitled to receive payment based on the false lease deposit return claim, and thus, the Plaintiff B, who subrogated Q through the return of unjust enrichment, is obligated to pay the amount stated in the purport of the claim.

In addition, the defendants did not deliver each shop possessed by the defendants among the real estate of this case even after receiving a dividend equivalent to the deposit money in the Seoul Western District Court T auction procedure.

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