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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The court's explanation on this part of the facts of recognition is the same as the entry of Paragraph 1 of the first instance court's decision (No. 1 or No. 8 of the first instance court's judgment) except for the case where "No. 1 or No. 8 of the second instance court's judgment" is "No. 3 of the second instance court's judgment," and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the cause of claim
A. The Plaintiff’s assertion on the termination of title trust
F. C as joint tortfeasor, is obligated to take money from the Plaintiff as compensation for damages and pay KRW 72,100,000 to the Plaintiff as compensation for damages as stated in the facts constituting the crime of this case. Since F or C has title trusted each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, and the Defendant was difficult to restore the pertinent real estate by establishing the right to collateral security, the Defendant, as a title trustee, bears the obligation to return the purchase price or unjust enrichment equivalent to the market value, and the Defendant, as the title trustee, bears the above damage claim against F or F with respect to the title truster, as the preserved claim, and the said damage claim against C is preliminaryly exercised by F or C with the right to claim the return of unjust enrichment against the Defendant.
2) Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 6, 7, 11, and 12, the fact that F prepared a sales contract with the purport that F would sell the right to use the land of this case to C on February 24, 2006, and that F would receive KRW 367 million from H on March 15, 2006 as part payments, and that F would receive KRW 367 million from H on March 15, 2006.
However, the above circumstances and the statements of evidence Nos. 1, 2, 8, 9, 13, 14, 17, and 18 are alone, F, together with C and D, by deceiving the Plaintiff as well as 72,100,000 won.