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(영문) 서울고등법원 2017.09.22 2017나2013425
부당이득금
Text

1. The plaintiffs' claims added to the plaintiffs' appeal and the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: “Merger and cancellation” under the 17th sentence of the 3rd judgment of the first instance court as “merger”; “Partial 20, Jun. 20, 2008” under the 18th sentence as “Partial 22, 2008.” The remaining is due to sale and purchase as of June 20, 2008; “The remaining is due to sale and purchase as of June 20, 2008; “The second sentence is subsequent to the second sentence’s “judgment”; and “the Supreme Court Decision 2014Du1369, Jun. 9, 2016” as of June 9, 201; and the judgment at the trial is added as of June 2, 2016, and it is identical to the first instance judgment, other than those attached to the judgment as referred to in paragraph (2).

2. Determination of the attached articles

A. Whether the presumption of autonomous possession was broken or not, as the plaintiffs asserted in the trial, where it is proved that the possessor occupied the real estate owned by another person without permission knowing the existence of any legal act or other legal requirements that could cause the acquisition of ownership at the time of the commencement of possession, barring any special circumstance, the possessor does not have an intention to reject the ownership of another person and hold it. Thus, the presumption of possession with the intention to own is broken, and it should be deemed that the presumption of autonomous possession is broken even if the local government or the state takes the procedure for acquiring the public property prescribed in the Local Finance Act or the State Property Act, such as the payment of its own shares or contributions, or incorporates the private land into the road site without a specific title, such as obtaining the consent of its owner (see, e.g., Supreme Court Decision 2000Da6472, Mar. 27, 2001). However, even if the plaintiffs submitted the evidence of this case, the presumption of autonomous possession is presented to the road site.

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