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(영문) 서울고등법원 2019.07.19 2019나2004609
소유권이전등기
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The first instance court dismissed all of the plaintiff's primary claim (a claim for settlement or unjust enrichment), the first preliminary claim (a claim for settlement or unjust enrichment against G based on the subrogation right of the creditor), and the second preliminary claim (a claim for damages).

In regard to this, the Plaintiff’s submission of an application for change of the purport and cause of the appeal from June 10, 2019 at the trial court, and raised an objection only to a part of the main claim (claim of Unjust Enrichment) and a second preliminary claim (claim of Damages), while filing an selective claim, added the claim of tort on the part of the claim of damages, and added the claim of tort on the ground of concealment of criminal proceeds to the part of the claim of damages. The scope

2. The reasoning of the judgment of the court of first instance as to this case is that the court of first instance as to this case is as follows: “The case concerning the defraudation of KRW 385,00,000 on November 26, 2014,” of the 9th 13th 13th 13th e.g., “the defraudedation of KRW 715,000,000,000,000, which is remitted by the defendant,” and “B” of KRW 385,000,000,000,000” of KRW 715,5,000,000,000,000,000,000 in the primary claim, except for additional determination as to the plaintiff’s assertion, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Additional determination

A. Since D, the Defendant’s in-house director, the gist of the Plaintiff’s assertion, conceals the criminal proceeds by means of subrogated the first-class collateral obligation of the instant land and receiving the said first-class collateral transfer in the name of the Defendant in the name of the Defendant, as a joint tortfeasor, the Defendant shall be liable with G as a joint tortfeasor.

B. In order to recognize joint tort liability on the grounds that the Defendant committed an act such as cooperating in preserving and concealing criminal proceeds, it is the time when the Defendant received money from G.

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