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(영문) 인천지방법원 2019.07.18 2018나72683
부당이득금반환금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning behind this Court’s explanation is as follows: (a) the pertinent part of the judgment of the court of first instance concerning the Defendant is the same as that of the given part of the judgment of the court of first instance; and (b) the same is cited by the main text of Article 420 of the Civil Procedure Act.

2. From 17th to 7th 7th 7th 1 of the judgment of the court in which the part was dried or added, "The defendant obtained unjust enrichment equivalent to the rent by occupying and using the road in this case as a site laid underground in the gas pipe, etc., and the plaintiff suffered losses equivalent to the rent, so the defendant shall be obligated to return unjust enrichment equivalent to the rent for the road in this case to the plaintiff."

The 7th of the judgment "right to use" shall be applied to the "exclusive right to use".

On the 7th day of the decision, “The Defendant asserts that the claim of this case, which was 17 years ago, violated the good faith principle. However, the Plaintiff’s claim of this case appears to be a legitimate exercise of right based on property right, and it is difficult to view it as a violation of the good faith principle solely on the fact that the Plaintiff did not claim for a long time.

3. The decision of the first instance court is just, and the defendant's appeal is dismissed.

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