(영문) 서울고등법원(인천) 2020.09.24 2019나12761

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(영문) 서울고등법원(인천) 2020.09.24 2019나12761

부당이득금

Text

The plaintiff (Counterclaim defendant)'s claim that has been changed in exchange in this court is dismissed.

Plaintiff (Counterclaim Defendant)’s remainder.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except to dismiss or add the judgment of the court of first instance as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420

2. Parts to be removed or added;

A. On the 6th and 9th of the judgment of the court of first instance, “(1)” is deemed to be “(1). B. From the 7th and 6th of the judgment of the court of first instance, the title trust agreement between the Plaintiff and the Defendant on the instant real estate is null and void, and the Defendant is obligated to implement the procedures for ownership transfer registration as to each real estate listed in the separate sheet 1, which remains in the name of the Defendant, among the instant real estate due to the restoration of real name.”

C. Each “effective” of Section 7 of the first instance judgment, Section 7, Section 7, Section 8, and Section 12 shall be deleted.

Part 10 of the judgment of the court of first instance, Part 7 of the first instance did not assert or prove that the Plaintiff paid the loan, or that the Plaintiff paid the construction cost of the new building of this case with the money of other source that is not the above loan. AL, the contractor of the new building of this case, filed a lawsuit against the Defendant for the payment of the construction cost, and the owner and contractor of the general building register of this case and the contractor of this case become the defendant.

E. On July 12, 2019, the part 11 of the judgment of the court of first instance, “( July 12, 2019)” shall be deemed “( August 20, 2020)”.

3. Accordingly, the plaintiff's main and main claims are all dismissed as it is without merit, and the defendant's counterclaim is justified, and the plaintiff's counterclaim is accepted as it is. The plaintiff's claim for the registration of ownership transfer based on the restoration of the plaintiff's real name changed in exchange in this court is dismissed, and the judgment of the court of first instance as to the remaining parts

참조조문

-민사소송법 제420조

유사 판례

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