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All appeals are dismissed.
The costs of appeal are assessed against the defendant.
Reasons
1. The grounds of appeal are examined. A.
The lower court, on the following grounds, determined that the Defendant was obligated to return the profits gained by the Defendant from occupying and using the instant land to the Plaintiffs, the owner of the instant land, as unjust enrichment.
1) The Defendant, as a local government, occupies and manages the instant land as part of the K reservoir’s management office. It constitutes not only possession as a controlling body, but also possession as a reservoir management office, which is also a local government’s possession subject to a claim for restitution of unjust enrichment. 2) The evidence submitted by the Defendants alone is insufficient to deem that E (F) (the former owner of the instant land renounced the exclusive right to use and benefit from the instant land, or G (E (F) as the inheritor of E (F) or the heir of E (F) or the Plaintiffs who acquired the ownership by transferring the instant land from the former purchaser of the instant land
B. Examining the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the waiver of land owners’ exclusive rights to use exclusive rights and the possession of land by a local government, contrary to what is alleged in the grounds of appeal.
2. We examine the judgment of the court of first instance that the court below ex officio maintained the indication “not later than the date of loss of the Plaintiff’s ownership” as stated at the end of the obligation.
Order 1-B of the first instance judgment maintained by the court below.
Paragraph (1) is that "The amount of money shall be paid at the rate of KRW 45,697 per month from January 2, 2014 to the date of the plaintiffs' loss of ownership or the date of the defendant's loss of possession, whichever comes first."
As such, it is indicated that “not later than the date of loss of Plaintiff’s ownership” is in the text of the judgment ordering a continuous and repeated payment of future unjust enrichment in practice of fact-finding proceedings.