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(영문) 서울서부지방법원 2014.07.25 2012나2020
소유권확인 등
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) against the principal lawsuit shall be revoked, and that part shall be revoked.

Reasons

1. The plaintiffs in the scope of the trial in this Court filed a suit against the defendant as the main claim. The plaintiffs sought unjust enrichment equivalent to the land rent or rent due to the possession and use of each of the lands in this case as shown in the separate sheet No. 1 (hereinafter referred to as "each of the lands in this case", and individually, according to the sequence No. 1, as indicated in the separate sheet No. 2, as indicated in the separate sheet No. 2, “A,” “B,” “C,” and “Ma,” and the removal of the buildings in this case.

In response, the defendant filed a counterclaim against the plaintiffs for unjust enrichment equivalent to the rent due to the execution of the procedure for registering creation of superficies on each of the land of this case, and the possession and use of the above building.

The court of first instance dismissed the Plaintiffs’ principal claim, and dismissed the remainder of the claim for unjust enrichment equivalent to the land rent and the land rent. The court accepted the Defendant’s counterclaim’s claim for the implementation of the procedures for registering the creation of superficies, and dismissed each claim for unjust enrichment equivalent to the rent due to the cause of the above building delivery and the occurrence of the damage.

Since only the defendant filed an appeal, the scope of this Court's trial is limited to the part 2 of the main lawsuit and the part 2 of the counterclaim.

2. Basic facts

A. (1) The Defendant owned a building with no permission located on each of the instant land and the instant ground. However, the part on each of the instant land on each of the instant buildings was connected in sequence to the point of 1,2,3,4,18,17, and 15, and the part on each of the instant building “A” was 4 square meters in a warehouse, and 3,15,15,33,32,31, and 14; and the part on each of “A” connected in sequence of 3,46,7,8,9,10,112,13, 14, 30,304, 26, 25, 26, 27, 26, 27, 25, 26, 27, 265, 27, 265, 27, 265, 275, 27, 265, 265, 27, 27, and 25.

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