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(영문) 대전지방법원 2015.01.08 2014나102881
건물등철거
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. In the first instance trial, the Plaintiff filed a claim against the Defendant A for the restoration of unjust enrichment from the removal of the house, the removal of trees, the delivery of the site of the house and the site of the tree trees, and the delivery thereof, and the return of unjust enrichment from the time of the delivery of the site of the house. In addition, the Plaintiff filed a claim against the Defendant A for the removal of the house, the return of unjust enrichment from the time of the delivery of the site of the house, and the withdrawal of the house from the Defendant A. The court of first instance accepted only the portion of the claim for unjust enrichment from the collection of trees, the delivery of the site of trees, and the delivery of the site of the tree trees to the Defendant A.

Since only the plaintiff appealed against the part against the plaintiff among the judgment of the court of first instance, only the part of the plaintiff's claim against the defendant A, the removal of the house against the defendant A, the delivery of the site of the house, and the return of unjust enrichment until delivery of the site of the house, and the conjunctive part of the plaintiff's claim against the defendant A for the eviction of the house

2. The reasons why the court should explain this part of the judgment on the subject matter of the judgment by this Court are as follows: (a) deleted the “Housing and” No. 8 of the judgment of the court of first instance and the “Building” No. 13 through No. 17 of the 6th one (the plaintiff) and “Building No. 2, 6, and 13 of the 6th one (the 6th, 6, and 13) as “Housing”; and (b) added the judgment on the subject matter alleged by the plaintiff in the trial as stated in the corresponding part of the judgment of the court of first instance as stated in the grounds for the judgment of the court of first instance; and (c) thereby

3. From September 1, 1964, the Plaintiff had already existed from around 1, 1964 on the ground of the instant land, a block structure and a branch roof house of 13 square meters, and the ownership of the said branch house was transferred to E on July 8, 1974. The instant house was extended and reconstructed the said branch house.

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