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(영문) 대전지방법원 2020.07.16 2019나2795
무허가 건물철거 및 토지인도 등
Text

1. The part of the claim for return of unjust enrichment in the judgment of the court of first instance against the defendant exceeding the following payment order.

Reasons

1. Quotation of the first instance judgment

A. Paragraph (3) and (2) of the reasoning of the judgment of the court of first instance are as follows.

Except for each part used as mentioned in paragraph (1), it is identical to the reasoning of the judgment of the court of first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. On the second page of the judgment of the court of first instance, the second to the second to the second to the second to be followed by the following parts.

The Defendant, in turn, purchased from K in the instant building (hereinafter “instant part of land in possession”) part 6 square meters in line with each point of 10 square meters in line with the indication 1, 2, 3, 4, and 1 of the attached drawings among the instant land at the time, and part 6, 7, 8, 9, 10, and 5 in line with the indication 5, 6, 7, 8, 9, 10, and 5 of the same drawings, other than the part connected in line with each point of 6, 7, 8, 9, and 6 square meters in line with the indication 1, 12, 13, and 11 of the same drawings, and part 6 square meters in part (hereinafter “instant part of land in possession”), which connected each point of 6 square meters in line with Lous 469 square meters in size and part of land in Jan 192 square meters in size.

(On the other hand, the Plaintiff appears to have completed the registration of ownership transfer based on investment in kind on November 9, 2017, as well as the instant land. The part of “25 square meters of the land occupied by the instant case (i.e., 9 square meters of 10 square meters of 25 square meters of 25 square meters of 10 square meters of 10 square meters of 10 square meters of 2017)” in the judgment of the first instance is as follows.

Of the instant land, the part (i) on the ship connecting each point of 1, 2, 3, 4, and 1, among the instant land, is 10 square meters in line with each point of 5, 6, 7, 8, 9, 10, and 5 in line with each point of 5, 6, 12, 13, and 11 in line with each point of 9,00 square meters in line with the indication of the attached drawing (ii) and 11, 12, 13, and 11 in line with each point of 25,00 square meters in line (i).

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