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(영문) 서울고등법원 2016.06.28 2016나2583
수익금지급 등
Text

1. The plaintiffs' preliminary claimant 1,166,934,932 added by the trial prior to remand are claiming restitution of trust property.

Reasons

1. In the first instance trial, the Plaintiffs were the claim for monetary payment and the claim for confirmation of existence of a debt, and (1) in the first instance trial, and (2) in the first instance trial, the claim for damages arising from nonperformance of obligation is the first preliminary claim, and (3) in the second preliminary claim to confirm the existence of a trust proceeds payment obligation, respectively, and (2) in addition, the claim for the registration of ownership transfer and the claim for the cancellation registration procedure and the claim for the transfer of land were made. The first instance court dismissed all the claims based on the first preliminary claim and the second preliminary claim, and rendered a judgment dismissing all the remaining claims of the Plaintiffs.

After filing an appeal against the judgment of the court of first instance, the plaintiffs reduced the amount of the claim for the restoration of money and the claim for the confirmation of existence of the obligation, and withdrawn the claim for the return of profits (the first preliminary claim) based on the trust agreement, changed the claim for the confirmation of existence of the obligation for the payment of profits (the second preliminary claim) to the claim for the confirmation of existence of the obligation for damages, and added the preliminary claim for the restoration to the trust property. The judgment of the court of first instance, including the changed claim, dismissed the lawsuit on the part of the claim for the confirmation of existence of trust property, and partly accepted the claim for the restoration to the trust property (the recovery of trust property of KRW 16,934,932), and the judgment changed the contents of the claim for the restoration to the trust property (the recovery of trust property of KRW 16

Of the judgment of the first instance prior to remand, the part against the plaintiffs among the claims for restitution of trust property against the defendant was remanded to the court below, and the Supreme Court reversed the part against the defendant, which ordered the restoration of trust property of KRW 1,116,974,272, among the part against the defendant in the judgment prior to remand, and this part of the case is remanded to the court of first instance.

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