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(영문) 서울고등법원 2016.11.16 2016나7274

부당이득금

Text

1. Of the judgment of the first instance court, the part against the plaintiffs falling under the money ordered to be paid under paragraph 2 below shall be revoked.

2.

Reasons

1. Attached Form among the claims for damages filed by plaintiffs A, B, D, and E within the scope of adjudication after remanding;

3. The part relating to each land mentioned above was cited by the court of first instance in entirety, and the Defendant did not appeal against it. Thus, it was excluded from the scope of the trial before remanding.

After remanding, the judgment before remanding the plaintiffs' attached Form

1. and Attachments

2. Attached Form among claims for damages against each land mentioned.

1. and Attachments

2. Of each of the lands listed below 2-D, the following part of the plaintiffs' winning part cited in the judgment of the court prior to remand was separately determined, by citing the claim for tort against the size of the land indicated in the following 2-D, which only the plaintiffs appealed, and by destroying only the part against the plaintiffs in the judgment of the court of first instance prior to remand in the above judgment of remand.

Therefore, the scope of the trial after the remand shall be attached Form.

1. and Attachments

2. It shall be limited to the portion claimed in respect of the remaining area, excluding the portion determined by the trial before remanding.

2. Facts of recognition;

(a) Particulars for the transfer of ownership and the division of land; and

1. On May 26, 2008, the registration of ownership transfer for the plaintiffs A, B, D, and E (hereinafter "Plaintiff A et al.") on each of the lands listed below [Attachment 1] Nos. 1 to 5, 7, and 8, which are the land prior to the subdivision of each of the lands listed above (hereinafter "the land No. 1 of this case"), was made on May 26, 2008, with respect to each of the lands listed below [Attachment 1].

2. On May 22, 2002, Plaintiff A, C, D, E, F, G (hereinafter “Plaintiff A et al.”) and Nonparty A et al. on each 1/7 portion of the lands listed in paragraph (6) [Attachment 1], which are the lands listed in paragraph (6) of the [Attachment 1] set forth above, were registered for the ownership transfer in the future. On December 12, 2005, Nonparty A et al. renounced co-ownership, the ownership transfer registration was completed in the future of Plaintiff A et al. on December 6, 2005 on each 1/6 of Non-Party A et al.

[Attachment 1] Location of land before subdivision.