손해배상(기)
1. Of the part against the Defendants in the judgment of the court of first instance, the lower judgment against the Plaintiff, which constitutes the following amount of payment.
1. The reasoning for this part of the judgment of the court is as follows: (a) the land “E before the instant partition” of 4 pages of the judgment of the court of first instance is used as “land before the instant partition,” and (b) the relevant part of the reasoning of the judgment of the court of first instance, except for deletion of 6 pages 11 through 18 [8] (2).
Basic Facts
Since it is the same as the statement, it is accepted by the main text of Article 420 of the Civil Procedure Act.
2. Judgment on the plaintiff's claim
A. The reasoning of this part of the Plaintiff’s assertion is the same as the corresponding part of the reasoning of the judgment of the first instance (2.B.). Therefore, this part of the reasoning of the judgment of the court of first instance is cited by the main sentence of Article 420 of the Civil Procedure Act
B. Determination 1) In full view of the facts acknowledged earlier as to the Defendants’ obligation to pay costs, the Defendants and D entered into the instant business partnership agreement with the Defendants, the details of the instant business partnership agreement, the developments leading up to the instant business partnership agreement, and the relationship between the Plaintiff, the Defendants and D under the instant business partnership agreement and the Defendants, etc., the Defendants and D revealed that, while carrying out the business under the instant business partnership agreement, the Defendants and D acquired and owned the necessary land, borrowed funds, constructed and sold in the Plaintiff’s name (the land subject to the instant business partnership agreement with Defendant B and D is the land (E) of the instant case, and the land subject to the business partnership agreement with the Defendants and D under the instant business partnership agreement is the land subject to the instant business partnership agreement with the Defendants and D is the land 1, 2 (J, M) of the instant case.
[] In the case of such a nominal relationship, the Plaintiff, a nominal holder, acquires rights or bears obligations under the nominal owner in the external relationship, but in the internal relationship, the Defendants, the nominal holder, and D, acquire substantive rights or assume obligations. Therefore, the provisions on delegation under the Civil Act shall apply mutatis mutandis to the legal relationship between the Plaintiff and D (the Defendant and D).