소유권말소등기
1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
1. The reasoning of the judgment of the court of first instance and that of the additional judgment are cited by the main sentence of Article 420 of the Civil Procedure Act, except for adding a judgment on the defendant's assertion as follows.
Although the Defendant did not receive reimbursement from the Plaintiffs for the necessary or beneficial expenses incurred in relation to each of the instant real estate, there is a risk that the Plaintiffs would be liable for additional interest or damages in a lawsuit claiming damages or claiming restitution of unjust enrichment as a malicious beneficiary in the future unless they deliver each of the instant real estate to the Plaintiffs after the cancellation of each of the instant transfer registration. Accordingly, the Defendant asserts that, under the principle of equity, the Plaintiffs should recognize the right of simultaneous performance defense based on the right of claiming reimbursement of the necessary or beneficial expenses, even in
However, even if the defendant, as a malicious beneficiary, bears additional interest or liability for damages in a lawsuit claiming compensation for damages or claiming return of unjust enrichment, it is only a result of recognizing the defendant as a malicious beneficiary in accordance with the legal principles of compensation for damages or unjust enrichment, and there is such circumstance and there is no defense by the defendant that the plaintiffs seek cancellation of each ownership transfer registration of this case without seeking the delivery of each real estate of this case.
Even in this court, the defendant bears the obligation to return unjust enrichment equivalent to the increased value of each real estate of this case against the defendant, by removing, embankinging, stopping, and changing the shape with respect to each real estate of this case, and this obligation is registered for the transfer of each ownership of this case.