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(영문) 서울고등법원 2019.09.19 2018나2053932
부당이득금
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

The reasoning of the judgment of this court cited in the judgment of the first instance is as follows, and the decision of this court on the argument that the defendant emphasizes or adds in the trial is added to the judgment of the first instance except for the addition of the judgment as set forth in paragraph (2) below, and therefore, it is identical to the reasoning of the judgment of the first instance (excluding the part on co-defendant C of the first instance court, which becomes separated and finalized). Therefore, it shall be cited including the abbreviation thereof pursuant to

Part 3, part 11 "Defendant B" and not more than that "Defendant B" shall be applied to "Defendant B" respectively.

Part 4, Defendant C used “Defendant C” in Part 1 as “Co-Defendant C of the first instance trial (hereinafter referred to as “C”)”, and all of “Defendant C” below shall be added to “C”.

The 5th page 10 to 11 "Defendants" and not more than 11 "Defendants" shall be written in both "Defendants and C".

Part 10 No. 4 "The Bill for Sale in this case" shall be applied to "the sale in this case".

Part 10, Chapters 12 through 14 shall be added to the following:

B) “Third party” under Article 4(3) of the Real Estate Real Name Act refers to a person, other than a party to a title trust agreement and a general successor, who has a new interest with him/her on the basis that the title trustee is a real right holder.

On the contrary, a person who entered into a contract to acquire a real right to real estate with a title truster and received only a registered title from a title trustee does not constitute a third party under the aforesaid provision (see, e.g., Supreme Court Decision 2008Da45187, Dec. 11, 2008). C) The Plaintiff, knowing Z as the real right holder of the instant real estate, purchased the instant real estate from him/her, and concluded the instant contract with the name of the seller as the Defendant. Therefore, it is difficult to readily conclude that the Plaintiff constitutes a third party under Article 4(3) of the Real Estate Real Name Act in light of the foregoing legal doctrine.

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