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(영문) 대전고등법원 (청주) 2018.09.18 2017나6406
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The scope of the trial of this court and the co-Plaintiff A of the first instance trial against the defendant in the first instance trial, the plaintiff primarily claims for ownership transfer registration and contract prohibition as to the real estate listed in paragraph (2) of the annexed Table No. 2, and the co-Plaintiff A of the first instance trial claims for ownership transfer registration as to the real estate listed in paragraph (3) of the annexed Table No. 2 of the annexed Table No. 2 of the plaintiff's preliminary claim for ownership transfer registration as to the real estate listed in paragraph (2) of the annexed Table No. 2 of

The claim for return of unjust enrichment was made.

The first instance court, among the main claims, accepted only the claim for ownership transfer registration of real estate stated in the attached list No. 2 of the plaintiff, and only the claim for ownership transfer registration and partial unjust enrichment return of real estate stated in the attached list No. 3 of the plaintiff among the conjunctive claims, and dismissed both the plaintiff's remaining main and conjunctive claims and the claim of joint plaintiff A of the first instance

Accordingly, only the defendant appealed against the plaintiff, and this Court makes a decision only on the registration of ownership transfer and the claim for partial return of unjust enrichment with respect to each real estate listed in attached Tables 2 and 3 of the plaintiff's list against the defendant.

2. cite the judgment of the court of first instance

A. The grounds alleged by the Defendant in the trial while filing an appeal are not significantly different from the allegations in the first instance court, and there is no further submission of additional evidence in the first instance court.

Furthermore, the fact-finding and judgment of the first instance court is recognized as legitimate even if all the evidence presented by the date of the closing of the arguments in the trial.

Although the Defendant asserts that the title trust agreement concluded between the Plaintiff and the Defendant is null and void on the premise that the Plaintiff is a mere organization similar to the clan, in light of the various circumstances in the first instance court, it is reasonable to view the Plaintiff as a clan rather than a clan similar organization.

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