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(영문) 대전고등법원 2017.07.20 2017누10980
변상금부과처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation of this case is as follows, except as otherwise stated in Paragraph 2 below, since the defendant’s additional decision on the assertion that the defendant emphasizes again in the trial of the court of first instance is stated in the reasoning of the judgment of the court of first instance, it shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 4

2. The Defendant asserts to the effect that the instant pents are obliged to return unjust enrichment or to compensate for losses arising from the Plaintiff’s occupation and use of the instant land without permission, as they are installed for the preservation and management of the instant project site, construction safety, etc., and as a matter of course, the instant pents shall be deemed to belong to the final rights and interests pertaining to the instant project and the Plaintiff, the owner of the instant site, as well as the appurtenances that comprehensively

In light of social norms, the paper must be a thing used for the commercial use of the main thing. The phrase "for commercial use" refers to the act that continuously serves the economic utility of the main thing in light of social norms. The determination of whether the main thing is commercial use shall be determined according to social norms objectively rather than the subjective intent of the person who attached the attached, and the thing that is contributed to the temporary use shall be not the accessory, but the thing that is temporarily installed for the construction of the building. Since the pents of this case are installed temporarily for the construction of the building, it cannot be deemed as a thing attached to the commercial site of this case.

Therefore, the above circumstance alleged by the defendant is difficult to view the pents of this case as an accessory to the site of this case, and there is no other evidence to acknowledge it. Thus, the defendant's above assertion is without merit without further review.

3. In conclusion, the plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so ordered as per Disposition.

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