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(영문) 전주지방법원 2014.08.19 2013나7472
토지인도 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim

1. Defendant B.

Reasons

1. Determination as to the claim against the defendant B

A. Basic facts 1) On May 9, 2008, the Plaintiff: (a) on May 9, 2008, it is deemed that the Plaintiff is the E-type 1,012 square meters (hereinafter “instant land”).

(2) Defendant B completed the registration of ownership transfer on April 30, 2008 with respect to the instant land on the ground of sale. (2) Prior to the Plaintiff’s acquisition of ownership to the instant land, the Plaintiff owned a warehouse in Section 1 (a) of this case, the main body in Section 1 (b) of this case, and the main body in Section 3 (c) of this case (hereinafter “instant building”) and prevented the Plaintiff from entering the instant land.

(1) The court of first instance stated that the instant building was owned by Defendant B, among the date for the seventh pleading, and that it was alleged that the instant building was owned by Defendant B, and that it was revoked by mistake contrary to the truth, but there is no evidence to acknowledge this, this part of this part of the allegation by Defendant B is not accepted).

B. According to the above facts, the part concerning the removal and delivery claim 1), and the above foundation, Defendant B, the owner of the land of this case, removed the building of this case owned by Defendant B and removed the building site of this case (hereinafter “the building site of this case”).

(2) As to this, Defendant B’s assertion that the lien was established on the instant building, Defendant B’s claim against the other party’s goods should be considered as the secured claim. Even according to Defendant B’s assertion, Defendant B independently owned or owned the instant building. Thus, Defendant B’s repair expense claim on the instant building cannot be considered as a claim on the other party’s goods. Thus, Defendant B’s allegation on this part is rejected without any need to further examine the remainder.

(c) Claim for unjust enrichment.

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