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(영문) 서울고등법원 2016.09.01 2016나2027908
손해배상(기)
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's assertion

A. The Defendant asserted that the Plaintiff’s assertion is without permission by using concrete and asphalt packaging on the part D and E for the general public’s traffic.

Therefore, the defendant should implement the registration procedure for transfer of ownership on the land owned by the defendant (which is located on the north side of the land owned by the plaintiff) in exchange for the appraisal level D and E (the south part of the land owned by the plaintiff) that is the land owned by the plaintiff without permission as above to the plaintiff.

B. In full view of the description of No. 10 and the purport of the entire testimony and arguments by the witness N,O, and P of the first instance trial, it seems that the E part is not the defendant but the Republic of Korea occupied.

Therefore, we cannot accept the Plaintiff’s above assertion premised on the Defendant’s possession of appraisal D and E.

(B) Even if the Defendant occupied the portion of appraisal D and E without permission, such circumstance alone does not make the Defendant liable to exchange the land as alleged by the Plaintiff. Accordingly, the Plaintiff may be relieved by claiming damages, etc. arising from illegal occupation.

2. In conclusion, the plaintiff's claim that is changed in exchange from the trial is dismissed as there is no reason to do so.

(B) The lawsuit for damages, which is the subject of lawsuit, was withdrawn from the exchange change in the trial, and the judgment of the first instance was invalidated).

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