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(영문) 서울중앙지방법원 2019.07.26 2019나455
약정금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance citing the judgment is as follows: (a) the plaintiff added the following judgments to the claim for return of unjust enrichment which the plaintiff added in advance to the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act, and thus, (b) the reasoning of the judgment is as stated in the judgment of the court of first instance.

2. Parts to be determined additionally

C. 1) The Plaintiff entered into the instant claim transfer contract due to the deception of C, D, and E, and was awarded a successful bid at the auction of the instant mortgaged real estate at the amount of KRW 520,00,00,000, which was directed by the Plaintiff. In such a case, without such deception, the Plaintiff did not bid the said amount. In such a case, the amount that the Defendant could receive dividends based on the amount presented by the mortgagee was merely KRW 464,737,930, which is merely a mere amount of KRW 464,737,930, the difference between KRW 514,085,95,954, which the Defendant received from the Defendant in the auction and distribution procedure of the instant mortgaged real estate, after deducting the dividend amount of KRW 464,737,930,00, which the Defendant acquired without any legal cause and must be returned to the Plaintiff as unjust enrichment. Therefore, in light of the following circumstances acknowledged based on the foregoing facts, the Defendant did not accept the foregoing portion of the Plaintiff’s claim as to return of this case’s dividends.

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