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(영문) 대전고등법원 2017.05.11 2016나13398
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to that part shall be asserted.

Reasons

1. The scope of this Court's adjudication: (a) at the first instance court, the Defendant; (b) the request for removal of each drainage pipe and Manle (hereinafter "each drainage pipe and Manle") listed in the separate sheet Nos. 1 to 3; (c) the request for delivery of each land listed in the separate sheet Nos. 1 to 3; (b) the request for return of unjust enrichment corresponding to the rent for each land listed in the separate sheet Nos. 3,178,658 [Plaintiff-A] the claim for return of unjust enrichment [15,893,290 won [i.e., 506,60 won [6,60 won] 6,16,810 won 9,269,820 won]; (b) the Plaintiff-B, 12,714, 632 won [i.e., KRW 15,890, KRW 606, KRW 606, KRW 1608, KRW 2849] the above [30 million [Attachment 306,2816] the Plaintiff's of this case'

(B) requests for extradition (hereinafter referred to as “B-1 claims”).

(3) A claim for restitution of unjust enrichment equivalent to the rent of land No. 1 of this case (hereinafter “Third-1 claim”) among claims

On the other hand, the remaining claims were all dismissed. The plaintiff A appealed only to the above part of the part against the plaintiff A in the judgment of the first instance against the plaintiff, and the defendant appealed to the part against the defendant in the judgment of the first instance against the plaintiff (the plaintiff A, the above part of the plaintiff A, the above part of the plaintiff A, the ②-1, and the third-1, and the judgment of this court is limited to the part against the plaintiff A's claim, the second-1, the third-1 and the claims fourth.

2. The reasons for this part of the underlying facts are as follows: “The Plaintiff’s representative on behalf of the Plaintiff A” in the last 4th sentence of the judgment of the first instance shall be as “the Plaintiff’s partner and the Plaintiff’s sibling B”; “the witness” in the 5th sentence in the 13th sentence shall be as “the witness of the first instance trial”; and “this Court” in the 14th sentence in the same face shall be as “the first instance court”; and

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