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(영문) 서울고등법원 2016.07.06 2015나2059366
필요비 등 반환
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the part of the reasoning of the judgment of the court of first instance as to the selective claims of the plaintiff added in the court of first instance, as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that, as the cause of the claim in this part of the judgment on the selective claim added in the trial, the sales contract between D and C was rescinded, and the possession of the instant real estate was restored to D from the Plaintiff, and the Defendant succeeded to the possession of the instant real estate. Since C has the right to demand reimbursement against the Defendant pursuant to Article 203(1) and (2) of the Civil Act due to the increase in the value of the instant real estate due to the Plaintiff’s construction work arising from the contract with C, C has the right to demand reimbursement of the necessary non-profit-making expenses against the Defendant pursuant to Article 203(1) and (2

However, the possessor may exercise his right against the person who has restored the article in question when the possessor claims the return of the article in question from the person who has restored the article in question or the possessor returns the article in question to the person who has restored the article in question.

(2) Article 203(1) and (2) of the Civil Act provides that “A person who has purchased and delivered the instant real estate from D” (see, e.g., Supreme Court Decision 94Da4592, Sept. 9, 194). However, according to the Plaintiff’s assertion, D was returned the instant real estate by the Plaintiff who occupied the instant real estate under a contract for the extension of the instant building, and thus, “rerecursor” who may be liable for reimbursement of necessary non-profit-making expenses to C pursuant to Article 203(1) and (2) of the Civil Act is D (see, e.g., whether or not the Plaintiff paid necessary non-profit-making expenses with respect to the instant real estate).

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