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(영문) 수원지방법원 2018.11.22 2018나60458
토지인도 등
Text

1. Of the portion of the claim for restitution of unjust enrichment in the judgment of the court of first instance, the following amount shall be ordered by the Defendants.

Reasons

1. The court of first instance rejected the plaintiff's lawsuit concerning the part of the claim for return of unjust enrichment in the future among the plaintiff's lawsuit of this case, and sentenced the plaintiff's claim for land transfer and the claim for return of unjust enrichment (the claim ①, ②) to the purport that the plaintiff's claim is accepted.

Since the defendants appealed only, the subject of the judgment of this court is limited to the claim for land transfer and the claim for restitution of unjust enrichment.

2. Facts of recognition;

A. The Plaintiff and the Defendants, including the Defendants, filed a lawsuit seeking the performance of the procedure for ownership transfer registration (hereinafter “instant prior lawsuit”) against 85 persons, by asserting that “the Plaintiff divided ownership of eight adjacent lots of land including each of the instant eight parcels of land, and each co-owner is obligated to transfer the pertinent co-owner’s share to the Plaintiff as it terminates the mutual title trust between the co-owners of the said eight parcels of land including the Defendants.” On February 5, 2015, the said court rendered a lawsuit seeking the performance of ownership transfer registration (hereinafter “instant prior lawsuit”). On the grounds that “the Defendant and 70 co-owners (hereinafter “Co-owners”) did not perform the procedure for ownership transfer registration for each of the instant shares to the Plaintiff on the grounds of the termination of the title trust (hereinafter “the instant land”) on January 23, 2015, on the grounds that each of the instant lawsuit was dismissed, and on the grounds that each of the instant lawsuit was dismissed for the reasons that Defendant C’s previous lawsuit was dismissed, and that each of the instant lawsuit was dismissed.

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