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TITLE [Affirmation of Absence of Right of Retention] Decided March 26, 2009 Supreme Court Decision 2008Da34828 [full Text]
Summary
[1] Whether in a so-called contractual title trust agreement, the title trustor can exercise a right of retention based on a title trustor's claim to restitution of unjust enrichment in the same amount of sales money against title trustee (negative) [2] Where the occupier has a lawful ground of right to possession as based on contractual relation, what is the criterion for returning the expenses spent or increase in value (=legal provisions or legal principles governing the contractual relation)
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