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(영문) 서울동부지방법원 2015.06.03 2014나23647

부당이득금반환

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. The Plaintiffs filed a claim for restitution of unjust enrichment, and the Defendant primarily filed a counterclaim seeking the procedure for ownership transfer registration based on the restoration of real name, and the preliminary claim for ownership transfer registration based on the completion of prescriptive prescription. The court of first instance dismissed both the principal claim and the primary counterclaim, and accepted the preliminary counterclaim.

Therefore, since only the plaintiffs appealed, the primary counterclaim claim is excluded from the scope of the judgment of this court.

2. The reasoning of the court's explanation concerning this case is that the part concerning the co-defendant A, H, I, J, K, and L of the first instance court's co-defendant A, H, I, K, and L among the grounds of the judgment of the first instance, and the remaining part concerning the claim for main counterclaim is the same as that of the first instance court's co-defendant A, H, I, J

3. In conclusion, the judgment of the first instance is legitimate, and all appeals by the plaintiffs are dismissed. It is so decided as per Disposition.