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(영문) 대법원 2020.07.23 2017다3376
부당이득금반환
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court, based on its reasoning, found the instant illegal building consistent with subparagraph 4 of the Commercial Building Act.

The Plaintiff rejected the Plaintiff’s assertion that the instant illegal building was also transferred as the Defendant purchased the instant commercial building No. D.

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 conformity of the extension part to the existing building, the legal doctrine on the succession of the illegal building in this case, and the exercise of the right of tin.

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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