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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
The plaintiff filed a claim for the total of KRW 425,216,00 in the first instance court from March 19, 2003 to December 31, 2008. The court of first instance accepted the defendant's defense of extinctive prescription and rejected the plaintiff's re-claim for the interruption of extinctive prescription, thereby citing only the amount that occurred after June 3, 2005 and dismissing the remainder.
Since only the defendant appealed against this, the scope of this Court's trial is limited to the claim for unjust enrichment after June 3, 2005.
Quotation of judgment of the court of first instance
A. The reasoning for the court’s explanation concerning this case is as follows: 2. The occurrence of the obligation to return unjust enrichment on the grounds of the judgment of the court of first instance (from the third to the fifth to the fifth to eighteen lines) is as follows. The reasoning for the judgment of the court of first instance is as follows.
It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Use]
2. Occurrence of obligation to return unjust gains;
A. According to the above facts, the defendant occupied the land of this case owned by the Republic of Korea as a road site and obtained profits equivalent thereto without any legal grounds, and thereby suffered damages equivalent to the same amount in the Republic of Korea. Thus, barring special circumstances, the defendant is obligated to return the profits that the defendant acquired to the plaintiff entrusted with the management and disposal of the land of this case as seen earlier.
B. Determination on the Defendant’s assertion 1) The former National Land Planning and Utilization Act (amended by Act No. 6916, May 29, 2003; hereinafter “National Land Planning Act”). The Defendant asserted the application of Article 65, and Articles 99 and 65(4) of the National Land Planning and Utilization Act (amended by Act No. 656, May 29, 2003; hereinafter “National Land Planning and Utilization Act”). The provision of Article 99 of the National Land Planning and Utilization Act (amended by Act No. 6916, May 29, 200) is a new public facility