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(영문) 수원지방법원 2020.05.21 2019나89128
사용료
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning for this part of the underlying facts is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. According to the above facts, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the fees for possession of the instant land from July 18, 2012 to October 24, 2016, the completion of the instant fence adjustment work from July 18, 2012, five years before the date the Plaintiff filed an application for State compensation, etc. as to the land No. 1 of this case. From October 25, 2016, the day following the completion date of the instant fence adjustment work, to June 19, 2018, the Plaintiff seeks as the owner of the instant land from October 25, 2016, the day following the completion date of the instant fence adjustment work with respect to the land No. 3 of this case, until October 25, 2016, the day following the completion date of the Plaintiff’s fence adjustment work, and each of the instant land No. 2 of this case’s appraisal of the damages to the Plaintiff. 2 of the judgment of the first instance court and the first instance court.

Therefore, as the Defendant seeks, from July 18, 2012 to October 24, 2016, the amount of damages equivalent to the rent of KRW 14,43,790, the damages equivalent to the rent of KRW 23,458,607 as the sum of damages equivalent to the rent of the Plaintiff and KRW 2,508,143, and the damages equivalent to the rent of KRW 2,508,143 as to the land of this case from October 25, 2016 to June 30, 2017, as the Plaintiff seeks.

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