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(영문) 서울고등법원 2017.01.19 2016나2005182
부당이득금반환
Text

1. Of the judgment of the court of first instance, KRW 31,967,434 against the Plaintiff and its related thereto, from April 17, 2014 to January 19, 2017.

Reasons

1. The reasoning for this Court’s explanation is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for dismissal or addition as follows. Thus, the reasoning for this Court’s explanation is as follows.

Part 3, Chapter 15 of the Act between the defendants is "D" and "Co-Defendant D" of the first instance court.

) On the other hand, the "A" between the Defendant and the Defendant in heading 16 on the third 3rd 3rd 16rd 3rd 3rd 3rd 3rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 8rd 8 and 11st 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd 4rd

The case of cancellation of ownership and the case of cancellation of ownership in the 13th place in the 5th place where "the 5th place of auction" (hereinafter referred to as "the 5th place of auction") is added to "the 5th place of auction" and "the case of cancellation of ownership and the case of cancellation of ownership" in the 6th place where "the case of cancellation of ownership and the case of cancellation of ownership" is added to "the defendant and the defendant" in the 7th place under the 6th place where "the case of cancellation of ownership and the case of cancellation of ownership" is added to "the case of cancellation of ownership and the case of cancellation of ownership" in the 7th place where "the defendant and the defendant" are added to "the case of cancellation of ownership and the case of cancellation of ownership" in the 5th place of auction in the 5th place where "the 5th place of auction of this case" is added to

2. Judgment on the assertion of the lawsuit trust

A. On February 2, 2014, the Defendant filed the instant lawsuit by taking over the claim for return of unjust enrichment against the Defendant from B, and received the claim for the settlement of accounts again from the preparatory document dated November 20, 2015 during the instant lawsuit. The Defendant asserts that the assignment of claims is null and void as a litigation trust, the main purpose of which is to allow litigation.

(b).

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