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(영문) 대전지방법원 2020.01.31 2019나109801
토지인도
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after the appeal.

purport, purport, and.

Reasons

1. In the first instance court, the Plaintiff sought monetary claims as stated in [the purport of the claim and appeal], the transfer of the portion of the land, and the removal of the part of the land above the ground, respectively, and the court of first instance dismissed all the Plaintiff’s claims.

When the plaintiff appealed against the judgment of the first instance, the first instance court prior to the remand revoked part of the claim for money of the judgment of the first instance, thereby admitting part of the claim for money of the plaintiff, and dismissed all the remaining appeals of the plaintiff.

The Defendant appealed against the judgment prior to remand, and the Supreme Court reversed the part against the Defendant regarding the Plaintiff’s monetary claim in the judgment prior to remand, and remanded that part of the case to this Court.

Therefore, since the part of the Plaintiff’s claim for delivery of land and removal of ground materials becomes final and conclusive to be dismissed, this court shall judge only the part of the Plaintiff’s claim.

2. The cited part (including the amended part of the judgment of the court of first instance) shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act inasmuch as the reasoning of the judgment of the court of first instance, except for the cited part as follows, is the same as that of the above part.

[1. Facts premised on the premise] Of the part [based on the premise] of the [Attachment] part, the 5th parallel 7 to 11 of the [Judgment on the claim for return of unjust enrichment.] part of the 5th parallel 7 to the 5th parallel 11] part is as follows. The restriction on the exercise of exclusive and exclusive right to use is on the premise of public interest arising from the provision of the relevant land for public use. Thus, the land owner shall continue to exist only to the extent that objective use of land at the time of providing the relevant land for public purposes is maintained.

Therefore, the land owner's land use status corresponding to his/her own will by providing it to the general public.

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