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(영문) 대법원 2015.11.26 2015다216239
토지사용료
Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (appointed party).

Reasons

The grounds of appeal are examined.

The lower court, on the grounds indicated in its reasoning, determined that the narrowness, the former owner of the instant land, renounced the exclusive right to use and benefit from the instant land.

In light of the records, the above fact-finding and determination by the court below are just, and contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding the legal principles as to the waiver of exclusive right to use, unjust enrichment and possession, or failing to exhaust all necessary deliberations.

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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