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(영문) 서울고등법원 2015.09.18 2014나2051846
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following: (a) the respective “C” of 4, 11, and 12 of the judgment of the court of first instance shall be “C and E”; and (b) the 7, 2, and 9, 19 of the judgment shall be as follows; and (c) it shall be quoted in accordance with the main sentence of Article 420 of

[2] According to the facts acknowledged earlier, the Defendant is obligated to return unjust enrichment equivalent to the loan charges of each of the instant lands, barring special circumstances, to the Plaintiff who acquired the right to claim the return of unjust enrichment from C and E, by indirectly occupying each of the instant lands owned by C and E without permission and leasing it to the Plaintiff. As a result, the Defendant incurred damages equivalent to the same amount to C and E., barring any special circumstance.

B. However, Article 201(1) of the Civil Code provides that "the possessor of the good in good faith shall acquire the fruits of the article in possession." Here, the possessor in good faith refers to the possessor in good faith who has the right to receive the fruits, which includes the right to receive the fruits. However, there should be reasonable grounds for misunderstanding such misunderstanding.

(2) As to each of the instant lands, the Defendant’s indirect possession of each of the instant lands appears to have completed the registration of preservation of ownership through the acquisition procedure prescribed by the State Property Act, and the Defendant’s indirect possession of each of the instant lands is based on the Plaintiff’s assertion, 33 years after the registration of preservation of ownership, 2 years after the registration of preservation of ownership of ownership of the instant land, 3 years after the registration of preservation of ownership of ownership of the instant land, 3 years after the registration of preservation of ownership of ownership of the instant land, and 2 years after the registration of preservation of ownership of ownership of the instant land, 208Da35104, August 26, 2010, etc.).

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