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(영문) 춘천지방법원 강릉지원 2018.10.02 2018나30198
토지인도
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

(b).

Reasons

1. The grounds for appeal by the plaintiff and the defendant citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the facts established and the judgment of the court of first instance are justified even if each evidence submitted to the court of first instance is presented to this court.

Therefore, the reasoning of this court’s judgment is as follows, given that the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance except for the following “the second appeal portion.”

2. The dismissal of the first instance judgment at the same time is as follows. The seventh 5-7 of the first instance judgment is followed.

As seen earlier, “1) Of the Plaintiff’s primary claims, we examined whether the instant railroad facilities were not in conformity with the instant land. The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff acquired the ownership of the instant railroad facilities. Therefore, the Plaintiff’s assertion on this part, premised on the Plaintiff’s acquisition of ownership of the instant railroad facilities, is without merit without further review as to the remainder of the claims.

2. Next, this paper examines the Plaintiff’s primary claim for unjust enrichment from the transfer of the instant land and the rent.

Unless there are special circumstances in itself, a building owned by another person without authority on the land owned by the other person shall be regarded as gaining profits equivalent to the rent of the land from the property owned by the other person without any legal ground, and thereby giving damages equivalent to the rent of the land to the other person. The same applies to cases where the building is owned by another person on the land owned by the other person without authority.

On the other hand, even if the building is actually occupied and used by the owner of a building or structure, the site of the building can not be considered to be occupied and used, and the site of the building or structure is occupied by the owner of the building or structure.

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