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(영문) 부산고등법원(창원) 2020.07.16 2019나13981
건물등철거
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Order of the court of first instance.

Reasons

1. The reasoning for this part of this Court is as follows: (a) the reasoning for this part of the facts is as stated from the last 3rd to the last 5th eth eth eth eth eth eth eth eth eths of the first instance judgment; and (b) the reasoning for this Court cited it

In addition, following the third top part of the judgment of the court of first instance, the Defendants added “E. Even if the instant lease contract has expired on August 16, 2018, the Defendants did not remove the instant building on March 4, 2020, and delivered the instant land to the Plaintiff.”

Part 5 of the judgment of the first instance court is that "(based on recognition] does not dispute the last action from Part 9 to the last action on the top of the first instance judgment, each entry in the evidence of Nos. 1 to 7 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings."

2. A person who owns a building on the land owned by another person without authority to determine the cause of the Plaintiff’s claim, barring any special circumstance, shall be deemed to have obtained, by himself, profits equivalent to the rent of the land from the property owned by another person without any legal cause, barring any special circumstance (see Supreme Court Decision 98Da2389, May 8, 1998). In addition, where multiple persons jointly use another person’s property without any legal cause, the obligation to return unjust enrichment is an indivisible obligation for return of profits, barring any special circumstance.

(See Supreme Court Decision 200Da13948 Decided December 11, 2001). In full view of the foregoing facts with respect to the instant case, the Defendants owned a building on the instant land owned by the Plaintiff, D, and F (hereinafter “Plaintiff, etc.”) without title until March 4, 2020, even if the instant lease agreement had expired on August 16, 201.

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