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(영문) 수원고등법원 2020.10.08 2020나16217
토지인도
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Defendant B asserts to the effect that he was entitled to possess the land of this case by obtaining oral permission from H and I for use and profit of the land of this case from H and I, who was the owner of the land of this case.

On the other hand, there is no evidence to acknowledge the above assertion, and the fact that the previous owner was permitted to use and benefit from the land in this case verbally from the previous owner cannot be deemed to have the right to possess the land in this case against the plaintiff who is the current owner. Therefore, the above assertion is without merit.

B. Defendant B asserted that it cannot comply with the removal of the obstacles of this case and the request for extradition of the land of this case from the first instance to the date of continued compensation for the obstacles of this case. However, it is reasonable to determine the first instance court that the Plaintiff already withdrawn the request for removal of the obstacles of this case from the first instance court, and that the above circumstance of Defendant B’s assertion is insufficient to deem that Defendant B had a legitimate right to possess and use the land of this case.

(c) The lower court's decision, which is based on Defendant B's assertion, shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86, if the owner, superficies, leaseer, etc. of the previous land or building is publicly notified pursuant to Article 78 (4).

Provided, That the same shall not apply to any of the following cases:

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