부당이득금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
1. The reasons for the court’s explanation concerning this case are as follows: (a) each column in the column of land category among the calculation details of unjust enrichment in the attached Form of the judgment of the court of first instance shall be pronounced as “forest”; and (b) the reasoning for the judgment of the court of first instance is as stated, except for adding the judgment below to the corresponding part, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. The defendant, on May 27, 191, occupied the land in this case and the building in this case after purchasing the land in this case from B around May 27, 191, and has occupied the land in this case for more than 20 years until now. Thus, the defendant defense that he acquired the land in this case by prescription.
As to this, the plaintiff re-fights that the defendant occupied the land of this case without any authority, and that it constitutes the possession of another owner.
The issue of whether the possessor’s possession is an autonomous possession or a non-owned possession without the intention of the owner is not determined by the internal deliberation of the possessor, but by the nature of the title that caused the acquisition of the possession or by all circumstances related to the possession. As such, it is proved that the possessor acquired the possession on the basis of the title that the possessor does not have the intention of ownership in light of its nature, or that it cannot be deemed that the possessor occupied the possession with the intent of exercising exclusive control like his own property by excluding the ownership of another person. In other words, it is proved that there is an objective circumstance that the possessor does not have any intention of possession if the possessor does not act as a real owner or if the possessor does not act as a matter of course that the possessor would have taken.