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(영문) 울산지방법원 2018.04.26 2018나20439
부당이득금
Text

1. The instant lawsuit was concluded on March 8, 2018 as the withdrawal of the Defendant’s appeal.

2. The costs of the lawsuit after the completion of the lawsuit.

Reasons

1. As to the validity of the withdrawal of an appeal, the Defendant filed an application for modification of the purport of the claim with respect to the Plaintiff’s claim with respect to the payment of KRW 98,850,00,00 for unjust enrichment due to the invalidity of the agreement on title trust regarding the instant real estate, with respect to the claim with respect to the Plaintiff, with respect to the Plaintiff’s claim for the payment of the Plaintiff’s unjust enrichment in return for the invalidity of the agreement on title trust regarding the instant real estate, with respect to which the first instance judgment was rendered in favor of the Plaintiff, and the Defendant appealed only on January 9, 2018, and the Plaintiff filed an appeal with respect to the said judgment on January 30, 2018, on behalf of the seller of the instant real estate on behalf of the Defendant for the reason of invalidity of the agreement on title trust between the said real estate and the transfer of ownership under the name of the Defendant, to the effect that the Defendant seeks for the cancellation

The plaintiff asserts that the withdrawal of the defendant's appeal is not effective through his written opinion on the withdrawal of the appeal from March 8, 2018.

In the case where only the defendant has lodged an appeal in favor of the plaintiff in whole in the first instance, the plaintiff is deemed to have filed an incidental appeal to the extent that the appellate court has extended or amended the purport of the claim, and where it has become disadvantageous to the defendant (see, e.g., Supreme Court Decisions 91Da43015, Dec. 8, 1992; 94Da58261, Jun. 30, 1995). The appeal may be withdrawn before the final judgment of the appellate court has been rendered, and the appeal may be deemed to have not been continued from the beginning (Articles 393(1) and (2) and 267(1) of the Civil Procedure Act). In the case where the incidental appeal was withdrawn or rejected due to its illegality and illegality, the incidental appeal becomes null and void (the main sentence of Article 404 of the Civil Procedure Act). Therefore, the part of the plaintiff's amendment of the purport of the claim and the incidental appeal additionally made by the appellate court.

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