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(영문) 서울고등법원 2018.10.12 2017나2067415
소유권이전등기말소등 청구의 소
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list attached Table 1 to the Plaintiff (Counterclaim Defendant).

Reasons

1. The plaintiff at the first instance trial against the defendant B, the provisional registration of the right to claim ownership transfer and the cancellation registration of transfer of ownership as to the real estate listed in the separate sheet No. 1 (hereinafter "M apartment"), the delivery of M apartment to the defendants, return of unjust enrichment equivalent to the rent, consolation money due to fraudulent means (e.g., 50 million won), consolation money due to fraudulent means (e., 50 million won), compensation for damages due to the termination of an insurance contract (e.g., 20 million won), compensation for damages due to fraudulent means of mobile phone identity theft (e.g., 5 million won for property damage), compensation for damages due to fraudulent means of fraudulent act (e., 5 million won for property damage), damages due to fraudulent acts (e.g., 5 million won for property damage), G commercial claims for N & O apartment purchase (60 million won for purchase price (e.g., 60 million won).

The first instance court accepted the plaintiff's claim for cancellation of M apartment related to the defendant B, the defendant's claim for delivery of M apartment against the defendants, the return of unjust enrichment equivalent to the M apartment rental fee against the defendants, the consolation money due to the defendant's fraudulent act against the defendants, the compensation for damages due to the illegal termination of insurance contract, the compensation for damages due to the illegal termination of insurance contract against the defendant Eul, and the payment claim against the defendant B, and the compensation for damages due to the decision of recommendation for divorce and settlement against the defendant B, the compensation due to the fraudulent act of identity theft of the mobile phone against the defendants, the compensation due to the fraudulent act of identity theft of the motor vehicle against the defendants, and the G of the defendant

Therefore, since the part of the lawsuit against the Defendants was appealed, the scope of the judgment of this court on the principal lawsuit is ① the registration of cancellation of M apartment related to the Defendant B, ② the Plaintiff’s claim for delivery of M apartment and return of unjust enrichment equivalent to the rent against the Defendants, ③ consolation money due to the Plaintiff’s decision of recommending divorce and reconciliation against the Defendant C, ④ consolation money due to the Plaintiff’s fraudulent act against the Defendants, and ⑤.

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