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(영문) 전주지방법원 2016.01.18 2014나12099
토지인도등
Text

1. Judgment of remand (Supreme Court Decision 2012Da57514, Dec. 11, 2014, Supreme Court Decision 57521, Dec. 11, 2014) relating to the principal lawsuit.

Reasons

1. Object of the trial after remand;

A. The following facts are apparent in the process of the instant lawsuit.

1) The Plaintiff filed a suit with the Defendant seeking the payment of unjust enrichment and delay damages arising from the illegal occupancy and use of the instant land B, C, and C, C, and C, and C, and D, the Plaintiff filed a counterclaim seeking the confirmation of the right to grave base on the instant land. 2) The first instance court dismissed all the Plaintiff’s claim on the instant lawsuit, and declared a judgment citing all the Defendant’s counterclaim, and appealed the Defendant’s counterclaim. The Plaintiff appealed.

3) The court of the trial prior to the remand changed the judgment of the first instance. With respect to the main lawsuit, the court accepted the Plaintiff’s request for removal of various parts constructed on the Plaintiff’s land, delivery of the instant land, and for return of unjust enrichment on the instant land (However, with respect to delay damages), and dismissed the remainder of the main lawsuit. As to the counterclaim, the Defendant’s claim for performance of each of the procedures for transfer registration of ownership based on completion of prescriptive prescription on the instant land B and the Defendant’s claim for remainder of the counterclaim was accepted and the Defendant dismissed the remainder of the counterclaim. Accordingly, the Plaintiff and the Defendant appealed against each of the losing parts. 4) The Supreme Court dismissed the Plaintiff’s appeal as to the main lawsuit, and reversed the part against the Defendant in the judgment prior to the remand, and remanded it to the party member, and remanded to the party member.

B. According to the above recognition by the court of the first instance after the remand, the plaintiff is required to be tried.

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