손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except in the following cases:
Part 2 of the judgment of the court of first instance, "9.11" in Part 16 shall be changed to "9.12."
"46" shall be added to "43" of Part 4 of the judgment of the first instance.
In the fourth judgment of the first instance, the Defendant’s obligation to transfer the ownership of the instant land and building is determined as follows. In light of the fact that there is no evidence to acknowledge that the actual mortgagee of each of the instant collateral security rights is probable to be C and that the benefit from the creation of each of the instant collateral security rights actually belonged to the Defendant, the Defendant is merely obligated to transfer ownership to C as to the instant land and building, and it cannot be deemed that the Defendant’s obligation to transfer ownership was impossible due to the establishment of each of the instant collateral security rights. From the fifth to sixth of the first judgment, the extinctive prescription was completed.
The following is that the marital relationship between the defendant and C cannot be seen as a legal disability in exercising the above claim for return of unjust enrichment. Thus, the plaintiff's argument in the trial that the statute of limitations is not complete during the marital relationship cannot be accepted.
"in addition".
Attached Form 6 shall be added to the sixth page of the judgment of the first instance.
If so, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.