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(영문) 대법원 2019.01.31 2017다243181
구상금
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. As to the Plaintiff A’s appeal

A. The plaintiff A filed an appeal against the main claim part of the plaintiff A, but the appellate brief does not contain any grounds of appeal as to the main claim.

B. The lower court in the conjunctive claim: (a) the Plaintiff entered into a title trust agreement with the Defendant and purchased the instant real estate in the name of the Defendant during the public auction; (b) the said title trust agreement was null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name; and accordingly, (c) the Defendant, the title trustee, acquired the complete ownership

(1) The lower court determined that the conjunctive claim, based on the premise that Plaintiff A acquired the ownership of the instant real estate through a public auction procedure, could not be accepted without further review.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine or omitting judgment.

The ground of appeal argues that Plaintiff A’s conjunctive claim includes a claim for return of unjust enrichment equivalent to the purchase funds premised on the invalidity of a title trust agreement. However, Plaintiff A’s conjunctive claim is unjust enrichment on the premise that the title trust agreement is valid, and the Defendant’s possession of the real estate itself of this case or dividends, which are its modified products, constitutes unjust enrichment. As such, the claim in the grounds of appeal is not acceptable, since it differs from the claim for return of unjust enrichment equivalent to the purchase funds,

2. With respect to Plaintiff B’s appeal, Plaintiff B did not state the grounds of appeal in the petition of appeal, and did not submit the appellate brief within the submission period.

3. Therefore, all appeals are to be filed.

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