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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the judgment of the court of first instance cited the instant case is as follows, and the reasoning of the judgment of the court of first instance is identical to that of the defendant, except for further determination as to the defendant’s assertion as set forth in Article 420 of the Civil Procedure Act, and such conclusion is cited as it is in accordance with the main sentence of
2. The fifth part of the judgment of the court of first instance, "Therefore, there is a duty to return (for this reason, there is a duty to return)" shall be written by following:
Therefore, the Plaintiff claims the return of unjust enrichment equivalent to the purchase price of each of the instant lands to the instant association following the cancellation of the purchase and sale contract for each of the instant lands, and the Defendant asserts that there is no unjust enrichment since there is no profit gained by the instant association in the auction procedure causing the Plaintiff’s loss of ownership. However, inasmuch as the sale and sale contract for each of the instant lands has been lawfully rescinded, the purchase price received by the instant association shall be returned to the Plaintiff as a matter of course by restitution. Furthermore, as the sale and sale price for each of the instant lands was distributed to K, which is the creditor of the instant association, and the instant association, thereby discharging its debt equivalent to the above amount of dividends, it cannot be deemed that there is no profit gained by the instant association. This constitutes an “claim arising from the bankruptcy after the bankruptcy was declared bankrupt,” which is an estate claim as stipulated in Article 473 subparag. 5 of the Debtor Rehabilitation and Bankruptcy Act, which is the estate claim, and thus, the Defendant constitutes a claim against the bankrupt estate after the Plaintiff was transferred to the Plaintiff as the total purchase price of each of the instant lands.