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(영문) 서울고등법원 2015.12.17 2015나498
손해배상
Text

The plaintiff (Counterclaim defendant)'s claim that has been changed in exchange from the trial is dismissed.

The total cost of the lawsuit shall be the cost of the lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of Paragraph 1, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's main claim

A. The Plaintiff’s assertion that the old building owned by the Defendant was indicated in the annexed drawing ① and ② without permission on the land owned by the Plaintiff.

Therefore, the Defendant shall pay KRW 21,524,805 as unjust enrichment equivalent to the rent from April 26, 2010, when the Plaintiff acquired ownership of the Plaintiff’s land to July 25, 2012, when the Defendant returned the said unauthorized occupation portion.

B. As to whether the old building owned by the Defendant was affected by the part of the land owned by the Plaintiff, it is identical to the reasoning stated in the judgment of the court of first instance from 3th to 4th 6th 6th . Therefore, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the plaintiff's assertion is without merit to further examine.

3. It is so decided as per Disposition by the assent of all participating Justices on the bench, on the ground that the plaintiff's claim that was changed in exchange in the conclusion is without merit.

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