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(영문) 서울중앙지방법원 2013.12.24 2013나13282

담장철거 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff filed a claim for return of unjust enrichment against the Defendant, and the court of first instance partially accepted the claim for return of unjust enrichment and dismissed the claim for compensation or reimbursement.

Since the defendant only appealed against this, the subject of the judgment of this court is limited to the claim for return of unjust enrichment.

2. The reasons for the court's explanation concerning this case are as follows: ① 7 of the first instance court's judgment "73,986.9 square meters" in the second part "7 of the second part "7,986.9 square meters"; ② 16 of the same part "the result of the first instance court's measurement appraisal" in the second part "3,986.9 square meters"; ③ 2 of the third part "the result of the second part "each measurement appraisal of this court" in the second part "the result of each measurement appraisal of the first instance court's H"; ④ 3 of the third part and 4 of the third part "the fourth floor of the second part" in the third part "the fourth floor of the F commercial building"; ⑤ 3 of the third part "the second part "the second part" in the third part "the two" in the third part "the result of the appraisal of the first instance court's 20 and 5 of the 19th part "the result of the appraisal of the appraiser's fees" are as stated in the corresponding part of the first part and the second part.

3. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.