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(영문) 서울고등법원 2015.11.06 2015나2028553

부당이득금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: each "Defendant A" among the reasons for the judgment of the court of first instance is as "principal defendant"; each "Defendant B" is as "preliminary defendant"; each "Preliminary defendant B" is as "preliminary defendant B"; the "principal defendant A" in the 18th trial is as "principal defendant"; the "Preliminary defendant B" in the 4th trial is as "preliminary defendant B"; and the reasons for the judgment of the court of first instance are as stated in the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the reasons for the judgment of the court of first instance other than the changes under paragraph (3).

2. Comprehensively taking account of the entire purport of the arguments and arguments as a result of the amendment (paragraph (3) No. 8-1 of the judgment of the court of first instance) and the response to the order to submit financial transaction information to the new bank of the court of first instance as of November 18, 2014 to the new bank of the court of first instance, it is recognized that the preliminary defendant paid the purchase fund to the amount deposited from the account under the name of the primary defendant in the name of the primary defendant in the purchase of real estate from the main defendant as of November 11, 2005 to the account under the name of the primary defendant in the name of the main defendant. Thus, it can be deemed that the primary defendant borne the purchase fund to purchase the first real estate from the main defendant and entrusted the title of ownership to the preparatory defendant in the name of the first defendant.

However, the above facts, Gap evidence Nos. 9, 10, Eul evidence Nos. 4, and each of the statements of the court of first instance and the court of first instance, and each of the response of the order to submit financial transaction information to the Bank of Korea and this court, Han Bank, Han Bank, Han Bank, Han Han Bank, and Korean National Bank, are not sufficient to recognize that Eul purchased real estate at the expense of purchase funds and entrusted the ownership thereof to the main defendant or the conjunctive defendant, and there is no other evidence to acknowledge otherwise. Thus, D's real estate Nos. 1, 2, and 3 to the main defendant or the conjunctive