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(영문) 창원지방법원 2016.10.20 2016나51037
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance in addition to the submission or addition of this case as follows. Thus, the court's explanation of this case is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second 2-B of the judgment of the court of first instance.

this subsection shall be filled by the following:

A person shall be appointed.

B. Since the land of this case is deemed to have been donated by the owner at the time of incorporation into the road site or to have received due compensation, the lawsuit of this case for which the plaintiff sought a return of unjust enrichment to the defendant is unlawful or groundless

Even if not, the plaintiff renounced his exclusive right to use and benefit from the land of this case, or on October 20, 1947, the acquisition by prescription for the defendant's possession of the land of this case has been completed, so the plaintiff cannot seek a return of unjust enrichment against the defendant.

The second part of the judgment of the court of first instance shall be made as follows. The statement in the evidence Nos. 5 through 19, 25, and 26 regarding the argument that there was a legitimate donation or compensation shall not be sufficient to recognize that the land in this case was donated or a legitimate compensation was incorporated into a road site, and there is no other evidence to support this. Thus, the defendant's defense and the second part of the judgment based on this premise shall not be justified.

The second sentence of the judgment of the court of first instance shall be followed as follows. "No. 5 of the judgment of the court of first instance concerning the waiver of exclusive rights to use the following shall be added to the 17th sentence following the 17th sentence of the judgment of the court of first instance". "No. 5 of the judgment of the court of first instance (which is the defendant's defense of waiver of exclusive rights to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right, and the remainder of the prescription defense shall not be determined separately as follows."

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