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(영문) 대법원 2015.10.15 2015다32790
손해배상(기)등
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 1, 2, and 3, on the grounds as indicated in its reasoning, the lower court determined that, under the instant trust agreement between the primary Plaintiff and the upper source case corporation (hereinafter “ upper source case”), the upper source case decided to use and benefit from the instant land, and the Defendant possessed the instant land with the consent of the upper source having the comprehensive right to use and benefit from the instant land, and that the primary Plaintiff could not claim against the Defendant for compensation for damages equivalent to the rent for the instant land or for return of unjust enrichment.

Examining the record, the above recognition and judgment of the court below are justifiable.

In addition, there is no error in the misapprehension of legal principles on the opposing power of trust and trust registration, waiver of ownership, or incomplete hearing.

2. As to the ground of appeal No. 4, the lower court determined that the conjunctive Plaintiff could not file a claim against the Defendant for compensation for damages or return of unjust enrichment on the ground that the conjunctive Plaintiff’s superficies did not intend to use and benefit from the instant land, but was designed to secure the collateral value of the instant land by supplementing the first priority interest held by the conjunctive Plaintiff pursuant to the instant trust agreement for the purpose of guaranteeing the repayment of the loan to the upper knife loan to the upper knife.

Examining the record, the above recognition and judgment of the court below are justifiable.

There is no error of misapprehending the legal principles on the legal principle of real rights.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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