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(영문) 광주지방법원 2017.08.23 2016나8677

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. In the first instance trial, the Plaintiff filed a claim for the return of unjust enrichment arising out of the invalidation of the above title trust agreement with the Defendant on behalf of the Defendant on the premise that the registration of ownership transfer in the name of the Defendant on the real estate listed in the separate sheet pursuant to the title trust agreement between B and the Defendant, and the Plaintiff filed a preliminary claim for the implementation of the registration procedure for ownership transfer based on the termination of the above title trust agreement.

However, the judgment of the court of first instance dismissed the plaintiff's primary claim and accepted the conjunctive claim, and only the defendant appealed against the above judgment, the subject of the judgment of this court is limited to the conjunctive claim.

2. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance is added to the evidence submitted in this

Therefore, the judgment of this court is based on Article 2-C of the reasoning of the judgment of the first instance.

Paragraph (1) shall be deleted, and Article 420 of the Civil Procedure Act shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, for the following reasons: “2,500,000 won” in Part 8 of the first instance judgment; “2,50,000 won” in Part 8 of the fifth instance judgment shall be construed as “2,50,000 won”; and “D.” in Part 8 of the fifth instance judgment

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.