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(영문) 대법원 2019.05.30 2018다205605
부당이득금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

In full view of the circumstances stated in its holding, the lower court determined that it was reasonable to view that K, the decedent of the Plaintiff, acquired the ownership of each of the instant lands, or renounced the exclusive and exclusive right to use each of the instant lands, knowing the fact that K, the decedent of the Plaintiff, was liable for restricting

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the waiver of exclusive use rights by landowners, without exhaust all necessary deliberations, contrary to what is alleged in

Therefore, the appeal is 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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