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(영문) 서울고등법원 2019.07.17 2018나2065782
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

1. The plaintiff's main grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance is examined, it is recognized that the facts of the court of first instance

The reasoning of the judgment of this court is as follows, and it is identical to the reasoning of the judgment of the court of first instance, and it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary parts] The 3th 19 to 4th 14th son shall be dried as follows.

“A. In a case where the owner of land provides the land to the general public, such as a road and a site laid underground, the details and period of possession of the land, the details and scale of the owner’s provision of the land for the use of the public, the existence of the owner’s interest or benefits from the provision of the land, the location or form of the part of the land, the relationship with the neighboring land, the surrounding environment, etc. In a case where the owner of the land provides the land for the use of the general public, the comparative balancing between the ownership guarantee of the land owner and the public interest, if the owner is deemed to have waived the exclusive and exclusive right to use the land, the State and local governments as well as

hereinafter the same shall apply.

possession and use of such land.

Even if there are no special circumstances, the land owner cannot be deemed to have suffered any loss due to the land owner’s failure to file a claim for return of unjust enrichment against the other party, and the transfer of land cannot be claimed.

In addition, a person who succeeds to the ownership of land, the exercise of which is restricted by the original owner's exclusive or exclusive use or right to benefit, by auction, sale, payment in kind, etc. shall be aware of the fact that there is a burden of such use or right to benefit, unless there are special circumstances.

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