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The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
after the filing of an appeal.
Reasons
1. Basic facts
A. The Defendant completed the registration of ownership transfer due to sale on March 3, 2010 by the Suwon District Court, No. 27873, which was received on March 3, 2010, with respect to the land D & 959 square meters (hereinafter “the instant land”) owned by the D & Do Governor C, and completed the registration of ownership preservation as of the building newly constructed on the ground of this case’s land following the war of war (hereinafter “the instant building”).
B. On August 7, 2017, the Defendant completed the registration of the transfer of ownership in the name of Suwon District Court (No. 145137), which was received on August 7, 2017, as to the instant land and buildings, due to the purchase and sale on August 3, 2017.
【Ground of recognition】 The non-contentious facts, Gap evidence No. 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. 1) The Plaintiff’s primary claim is determined as follows: (a) between G, F (hereinafter referred to as “G, etc.”) and I, and between each party (the Plaintiff: the Plaintiff: the Plaintiff’s land, G, etc.); and (b) decided to operate a restaurant in the name of “J” by investing in kind goods (the Plaintiff’s land, land, and equipment); (c) the Plaintiff, at its own expense, acquired the ownership of the instant building by constructing the instant building at its own expense and completed the registration for the preservation of ownership in the name of the Defendant in accordance with the trust agreement with the Defendant, who is G. G. for the instant building.
However, on August 3, 2017, the Defendant: (a) arbitrarily sold the instant building owned by the Plaintiff to E; and (b) received KRW 150 million from the purchase price; (c) obtained profits without any legal ground; and (d) incurred damages equivalent to the same amount to the Plaintiff; (b) accordingly, the Defendant is obliged to pay to the Plaintiff an unjust profit of KRW 150 million and delayed damages.
2) First of all, as alleged by the Plaintiff, the Plaintiff constructed the instant building at its own expense and subsequently acquired its ownership. Moreover, whether there was a nominal trust agreement among the original Defendant on the instant building.