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(영문) 춘천지방법원 강릉지원 2018.05.01 2017나31675

부당이득금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the judgment of this court is added to the allegations added by the plaintiff A with respect to the primary claim by this court, and thus, it is acceptable in accordance with the main sentence of

2. Additional determination

A. Decision 1 on the assertion of false conspiracy in collusion 1) The summary of the plaintiff A's assertion is that the plaintiff A and the defendant transfer only the registered name to the defendant in order to obtain a loan under the name of the defendant as security for the factory site in this case, and the contract between the plaintiff A and the defendant on June 22, 2015 (hereinafter "the contract of this case").

(2) In light of the following: (a) as the ownership transfer registration with respect to the factory site in this case is null and void due to false conspiracy, the Defendant is obligated to perform the procedure for cancellation registration of the ownership transfer registration with respect to the factory site in this case; (b) as such, the Defendant entered the judgment with respect to the Plaintiff 1; (c) as to the evidence Nos. 1 through 13 (including the identification number); and (d) as to the testimony of the witness E in the first instance trial, there was a business agreement with the Plaintiffs, the Defendant, and the Defendant, on the ground of the above business agreement, to newly construct a fishery product processing plant on the ground of the factory site in this case and operate it in the form of a corporation; and (d) based on the above business agreement, the Defendant concluded the sales contract in this case with the Plaintiff on June 22, 2015; and (e) the Defendant completed the registration of ownership transfer with respect to the factory site in this case on the same day; and (e) completed the registration of ownership transfer as to the factory site in this case and completed the registration of ownership transfer.