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(영문) 서울고등법원 2015.07.10 2014나2022091
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court's explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance except for the rejection of the entries or images of Gap evidence Nos. 15 through 19, 30, 31, and 34 (including serial numbers) and the result of verification by the court of first instance, which are insufficient for the defendant to recognize that the land of this case is occupied and used as a road as being additionally submitted and examined by the court of first instance, and therefore, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The Plaintiff’s assertion that the Plaintiff’s appeal is justifiable, and the Plaintiff’s appeal is dismissed in its entirety as it is so decided as per Disposition, on the premise that E, the former owner of the instant land, gave up the right to use and benefit from the instant land. As seen above, it is not recognized that the Defendant occupied and used the instant land as a road. As such, it is not necessary to further determine the aforementioned assertion.

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