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(영문) 서울고등법원 2021.01.28 2020나2013784
손해배상(기)
Text

1. Of the judgment of the first instance, the part against Defendant C and D in the judgment is modified as follows.

A. The plaintiff, 1).

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[The part against Defendant B] The fourth 19 of the judgment of the court of first instance held that “I have the obligation to return the benefit of the party” was “I have the obligation to pay the benefit of the party or the compensation for the loss.”

The fifth five parties of the first instance judgment "the scope of the duty to return the benefit of the party" shall be "the scope of the duty to return the benefit of the party or the duty to compensate for the damage".

The 5th 9th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e.g.

The following shall be added after the 5th day of the judgment of the first instance and the 14th day of the judgment:

[Attachment] “The return of unjust enrichment or claim for damages on the ground of the Defendant’s non-legal ground for the occupancy, use, or illegal possession of real estate owned by the Plaintiff is not an obligation directly arising from commercial activities, but it cannot be deemed an obligation identical thereto or an obligation recognized as a modified one (see, e.g., Supreme Court Decisions 2009Da41786, Sept. 10, 2009; 2013Da26425, Feb. 28, 2018; 2013Da26425, Feb. 28, 2018). However, the interest rate of 5% per annum under the Civil Act shall not be applied to the Defendant who did not file an appeal in this case where only the Plaintiff appealed, but may not change the first instance judgment so that the Plaintiff would be favorable to the Defendant and disadvantageous to the Plaintiff” [the part against Defendant C] [The obligation to pay damages to Defendant C] 5 pages 19 and 20 of the first instance judgment.”

Part 6 of the judgment of the first instance court, "I do not have an obligation to return the benefit of the party" shall be applied to "I do not have an obligation to pay the benefit of the party or the compensation for damage."

The following shall be added after the 6th day of the judgment of the first instance and the 18th day of the judgment:

In addition, the right to receive negligence from a bona fide occupant.

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