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(영문) 서울고등법원 2018.05.03 2017나2058299
소유권이전등기 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following judgments to Chapter 8, Chapter 9, the court of first instance, and it is deemed that the conclusion of the court of first instance is insufficient even if all the evidence submitted by the plaintiff in the court of first instance is added to all the evidence submitted by the plaintiff in the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The abbreviated name established in the judgment of the first instance shall be used as it is, and the attached Form of the judgment of the first instance shall be deemed to have been cited and shall not be separately attached.

[Supplementary part of the judgment] If the funds of this case that the plaintiff paid to the defendant are not investments, the plaintiff asserts that the defendant should be deemed to have made unjust enrichment, as a matter of course, since there are no grounds for the plaintiff to donate the above money to the defendant and the defendant did not reasonably explain the reason for the payment of the above money.

However, in the case of so-called unjust enrichment for which one of the parties has paid a certain amount of benefit according to his/her own will and then requests the return of the benefit on the grounds that the benefit is not a legal ground, the burden of proving that there is no legal ground

In such cases, a person who seeks the return of unjust enrichment shall assert and prove, together with the existence of the fact causing the act of payment, that the cause has ceased to exist due to the extinguishment of the said cause due to invalidation, cancellation, cancellation, etc., and that in the same case as the so-called mistake remittance made on the ground that there was no ground for the act of payment from the beginning, he/she shall assert and prove the fact that

This is the other party to the claim for return of unjust enrichment in case of so-called unjust enrichment seeking return of unjust enrichment on the ground that the other party's property right was infringed.

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