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(영문) 서울중앙지방법원 2020.01.14 2018나53186

부당이득금

Text

1. Defendant B, C, D, J, and K among the judgment of the first instance, including claims extended, reduced, or added at the trial.

Reasons

1. The reasoning for this part of this Court’s reasoning is to correct “V” as “AE” the 7 pages 2 of the reasoning of the first instance judgment;

1.(c)

In addition to the following changes, the part of "1. Basic Facts" is the same as the part of the judgment of the court of first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. On October 31, 2016, the Plaintiff filed the instant lawsuit seeking unjust enrichment from October 14, 201, which was the Defendant of the instant lawsuit, with respect to Defendants B, C, D, J, and K, and Defendant E, G, and I, who were not the Defendant of the previous lawsuit, from October 14, 2011, following the date of closing the argument in the previous lawsuit, to deliver each of the Defendant’s possession or to the date of loss of the Plaintiff’s ownership of each of the Defendant’s forest land, or to the date of loss of the Plaintiff’s ownership of each of the instant forest land (the first instance court added damages due to the tort as of April 23, 2018, which was pending the first instance court, to the preliminary claim for damages due to the tort as of April 23, 2018), and the first instance court rejected all of the claims against Defendants B, C, D, D, J, and K. With respect to the Plaintiff and the Defendant’s claim for unjust enrichment as of the first instance and the Defendants’s claim for damages.

2. Determination as to the claim for extradition added by this Court against Defendant B and C

가. 청구원인에 관한 판단 원고 소유인 이 사건 임야 중, 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 순차로 연결한 선내 ㈎ 부분 33㎡(이하 ‘이 사건 ㈎ 부분’이라 한다)를 피고 B가, 별지 도면 표시 ㄴ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㄷ,...