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(영문) 대구지방법원 2015.07.09 2015나1022
부당이득금
Text

1. The following shall be paid out of the portion of the claim for return of unjust enrichment against land No. 1 listed in the attached list of the first instance judgment.

Reasons

1. After remanding, the Plaintiff filed a claim for restitution of unjust enrichment on the ground that the Defendant occupied each parcel of land listed in the separate sheet without permission in the first instance court, and the court of first instance dismissed the Plaintiff’s claim.

Therefore, the plaintiff appealed against the plaintiff, and the court prior to the remanded the plaintiff's appeal as to the claim for restitution of unjust enrichment against the land Nos. 2 and 3 in the attached list of the attached list, and dismissed the remaining appeal by the plaintiff (excluding part of delay damages).

The defendant appealed against the judgment of the court before remand, and the plaintiff made an appeal, and the Supreme Court reversed and remanded the part against the plaintiff (the portion of the claim for return of unjust enrichment on the land in attached Form 1) in the judgment of the court prior to remand, and dismissed the defendant's appeal.

Therefore, since the portion of the claim for return of unjust enrichment on the land No. 2 and 3 listed in the separate sheet is finalized in the judgment before remanding, the scope of the trial after remanding shall be limited to the portion of the claim for return of unjust enrichment on the land

2. Facts of recognition;

A. B on January 31, 1930, including the land No. 1 (hereinafter “instant land”) in the attached list No. 1 (hereinafter “instant land”), acquired ownership of 37 square meters in the F. 37 square meters in the name of Ansan-si, and on May 19, 1965, the registration of transfer of ownership was completed on May 18, 1965 in the name of C, a ASEAN as of May 19, 1965.

B. After December 16, 1981, the Plaintiff completed the registration of ownership transfer on the land of this case on August 8, 1995 on the ground of the inheritance based on the adjudication of disappearance on December 16, 1981.

C. Meanwhile, the circumstances leading up to the incorporation of the land No. 1 into the road site are as follows.

The former 297 E on December 24, 1920 and the former 260 E on December 24, 1920 and the former 37 E on December 24, 1920. Of them, F 37 hours were divided into F 22 and G 15 hours on December 28, 1970, and the said F 22 hours were incorporated into the road at the same time as the said F 22 hours were changed to the road.

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