부당이득반환 청구의 소
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.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the argument that the defendant emphasizes in the court of first instance, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. In order for an additional judgment C to be recognized as a title trust of the instant real estate to be a title trust to the Defendant, it should be recognized that there was an agreement between C and the Defendant that C reserved ownership in the Republic of Korea and manage and benefit from the ownership, and only the ownership on the public register is the Defendant.
However, there is no evidence to acknowledge that there was such an agreement between C and the defendant, and in light of the overall purport of the statements and arguments stated in Gap evidence Nos. 7, Eul evidence Nos. 1 through 11, the following circumstances, i.e., the defendant is married with three children of C, the defendant's dynamics N and L are living in Incheon because they are divided into three children, while the defendant currently resides with father C and mother of the real estate of this case, and directly uses and benefits from the real estate of this case. ② The real estate purchase price of this case is KRW 162 million and KRW 13 million borrowed from Eul, KRW 10 million borrowed from J, KRW 10 million borrowed from J, KRW 50 million borrowed from J, and KRW 10 million borrowed from L, KRW 10 million borrowed from the defendant, KRW 10 million, and KRW 400,000,0000,000,0000 as the total amount of the defendant corporation's debt of this case.