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(영문) 대전고등법원 2019.06.27 2017나11207
부당이득금
Text

1. Defendant E, F, H, J, and deceased among the judgment of the first instance following the acceptance of the lawsuit and the modification of the claim in this court.

Reasons

1. In the first instance trial, the Plaintiff partly won the instant claim filed by the Defendant C, E, F, H, J, He, the deceased L and B, D, G, I, and K as a co-defendant.

As to this, only Defendant E, F, H, J, and L are appealed, and the Plaintiff appealed only against Defendant C, E, F, H, H, J, and net L, the judgment of the first instance judgment became separately final and conclusive.

In this context, the deceased L was killed on August 2, 2017 during which the instant appellate trial was pending, and Defendant AJ, his spouse, taken over the instant legal proceedings as an inheritor. As such, the scope of the adjudication of this court is limited to the Plaintiff’s claim against the Defendants.

2. Facts of recognition;

A. N Co., Ltd. (hereinafter “N”) held 1,639,979/1,700,020 shares of MTM 17,000 square meters (hereinafter “the instant land”) at the time of official residence (hereinafter “N”), and the holders of the said shares (hereinafter “N-owned shares”), including N, held 1,658,393/1,700,020 shares among the instant land (hereinafter “N-owned shares”), concluded a trust contract with the Plaintiff on April 19, 2010, and completed the registration of ownership transfer in the future of the Plaintiff on the same day.

B. On the ground of the instant land, the 5th floor building (the neighboring facilities, business facilities, lodging facilities, cross-city bus terminals, hereinafter “instant building”) is constructed. The Defendants acquire the ownership of each head office (attached Form 1; hereinafter “each head office of this case”) that does not have a right to the instant land among the instant buildings, as indicated below (Attachment 1).

[Attachment 1] On August 25, 1995, the date of the acquisition of the ownership of the defendant Ho Lake Q1 (hereinafter " Qho Lake 1") Nos. 1 C and 1 E, T and 2 U (hereinafter "Sho No. 3") of August 25, 1995, F2 V (hereinafter "V") of June 30, 2010, Jun. 14, 1999, H No. Y (hereinafter "Y") No. Y (hereinafter "Y") of J 3 AD and AE (hereinafter "AD subparagraph 2") of J 5, 208, Dec. 5, 2008.

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