(영문) 서울고등법원 2014.12.11 2014나37479

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(영문) 서울고등법원 2014.12.11 2014나37479

손해배상(기)

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Supply and demand of construction works from C) The Defendant on March 11, 2005 each land listed in the separate sheet (hereinafter “each land of this case”).

3) The construction work of constructing a new house on each ground listed in the separate sheet Nos. 1, 4 through 8, 10 through 12 by the former owner C (hereinafter “instant electric house construction work”).

2) Of the instant electric source housing construction works, C concluded an oral contract with the Defendant for retaining wall construction (hereinafter “instant retaining wall construction”) at KRW 62,00,000 on the land specified in attached Table 12, among the instant electric source housing construction works, and the Defendant completed the retaining wall construction of this case around September 2005.

B. The Plaintiff acquired the Plaintiff’s ownership by winning the bid of each of the instant lands in the voluntary auction procedure for each of the instant lands, and in full payment of the purchase price on July 20, 2009, acquired the ownership of each of the instant lands.

C. The Defendant occupied each of the instant lands by installing iron plates (hereinafter “each of the instant obstacles”) on the line that the Plaintiff had connected each of the instant lands with each of the points of 24,25, the attached appraisal map No. 21,28, and 29, the line that successively connected each of the points of 21,28, and the same appraisal map No. 30,31, in sequence, prior to acquiring the ownership of each of the instant lands, until now, the Defendant occupied each of the instant lands by occupying each of the instant land.

[Ground of recognition] Unsatisfy, Gap evidence 2, 13, Eul evidence 3 and 6, the result of the survey and appraisal conducted by the first instance appraiser R, the purport of the whole pleadings

2. Determination

A. The 1st issue of the instant case is the Plaintiff, who is the owner of each of the instant lands, and the fact that the Defendant occupied each of the instant lands from July 2009 to that date is recognized as above.

The plaintiff does not have any title to the land of this case.

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