유익비
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Each real estate listed in the separate list of basic facts (hereinafter “instant real estate”) was originally owned by the Plaintiff, but the fact that the Defendant received the instant real estate successful bid and paid the proceeds therefrom on December 23, 2014 at the Hongsung Branch of the Daejeon District Court C real estate auction procedure (hereinafter “instant auction”), does not conflict between the parties.
2. The Plaintiff, the cause of the Plaintiff’s claim, installed, within the instant real estate, rollers, minculing machine, boomer, blue-spaculing machine, and minculing machine (hereinafter referred to as “each of the instant machines”), boiler, packing room, and yellow sand. Each of the said facilities omitted at the time of the appraisal and assessment, was not included in the scope of the objects of auction.
Therefore, as the owner of each of the above facilities, the Plaintiff seeks reimbursement of beneficial costs or restitution of unjust enrichment equivalent to the existing interests of each of the above facilities.
3. Determination
A. The Plaintiff’s claim for reimbursement of beneficial expenses does not clearly state the legal basis for the claim for reimbursement of beneficial expenses, notwithstanding the title of this court. Even if the Plaintiff’s claim is decided by the claim for reimbursement against the possessor’s restitution pursuant to Article 203(2) of the Civil Act, it is established only if the possessor does not have the right to lawfully possess the property, such as a contractual relationship, and is obligated to comply with the owner’s claim for reimbursement of the property (see, e.g., Supreme Court Decision 2008Da34828, Mar. 26, 2009). It cannot be said that the Plaintiff’s claim for reimbursement of beneficial expenses was made during the ownership
Therefore, the plaintiff's above assertion is without merit.
B. 1) According to each of the instant machines Gap 4 (including paper numbers), each of the instant machines can be acknowledged that the appraisal report contains the machinery and appliances of "brewing cans manufacturing goods" and "raw materials processing and manufacturing packing goods" as the objects of auction. Each of the instant machines is included in the appraisal price of the instant auction.