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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On July 26, 1990, the Republic of Korea who owns a building site in the Republic of Korea completed the registration of ownership transfer on September 11, 1948 with respect to B (road name address: C) of the window in Changwon-si, Changwon-si (the window in Changwon-si) of approximately 3013 square meters (the previous 3157 square meters was changed on January 17, 201 as a result of the division from the previous 3157 square meters), and D (road name address: C) of the window in Changwon-si, Changwon-si (the window in Changwon-si):
B. From April 20, 2005, the Defendant in possession of the land owned a house with 340 square meters in the above B’s land, and occupied and used the land as a housing site. ② The Defendant occupied and used 650 square meters in the above B’s land as a stock farm. From June 17, 2006, the Defendant occupied and used 139 square meters in the above D’s land as a stock farm.
(hereinafter referred to as “instant site 1, 2, and 3” in succession, and collectively referred to as “each of the instant sites.”
Pursuant to Article 42(1) of the State Property Act and Article 38(3) of the Enforcement Decree of the same Act, the Plaintiff delegated the authority to the Plaintiff to the Republic of Korea to manage and dispose of the property of each site of this case and to preserve and collect claims.
[Grounds for recognition] No dispute exists, Gap 1, 2, 3, 4, and 5 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Determination:
A. According to the above facts of recognition 1), the defendant occupied and used each of the instant lands owned by the Republic of Korea, thereby gaining profits without any legal grounds, and thereby causing damages equivalent to the same amount in the Republic of Korea. The defendant is obligated to return unjust enrichment due to the possession of each of the instant lands by the Republic of Korea to the plaintiff entrusted with the authority to manage and dispose of the instant lands. 2) The defendant's argument as to the defendant's assertion (1) The defendant asserts that he purchased each of the instant lands from a third party and resides until now.
However, each of B 1 to 9.