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1. The plaintiff's appeal and the second preliminary claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: “A. Preliminary cause” among the 8 pages of the judgment of the court of first instance refers to “A. Preliminary cause”; “Additional Judgment” is added to “A. Preliminary cause”; and “Additional Decision” is also added to “A. Preliminary claim” in the 9th and the 2 preliminary claim added by the plaintiff is identical to the corresponding part of the judgment of the court of first instance, except for the judgment of the court of first instance as set forth in the
On the other hand, the plaintiff asserts that Defendant B provided each of the instant real estate as security and received a loan on February 3, 2009 constitutes a tort as an infringement of Plaintiff’s ownership.
In light of the aforementioned circumstances, it is difficult to deem that a direct title trust relationship exists between the Plaintiff and Defendant B, and Defendant B appears to have failed to properly recognize the title trust agreement between Defendant C and the Plaintiff, etc., it is difficult to deem that Defendant B’s receipt of a loan upon the request of the title truster C, who is the himself, constitutes a tort.
Accordingly, Defendant B and C conspired otherwise.
Unless there is any evidence to prove that Defendant B responded to C’s request for loans with the knowledge of a title trust agreement between Defendant C and the Plaintiff, the Plaintiff’s above assertion is without merit.
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2. As to the second preliminary claim, the Plaintiff asserted that Defendant B’s second preliminary claim was unjust enrichment to be returned to the Plaintiff, the actual owner, who owned each of the instant real estate, for five and four years as the Plaintiff’s title trustee.
As seen earlier, the Plaintiff and Defendant B did not establish a direct title trust relationship. Moreover, comprehensively taking account of the following: (a) evidence Nos. 7-1 through 5, (b) evidence Nos. 8, (c) evidence Nos. 10 and 11, and (d) evidence Nos. 3.