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(영문) 서울중앙지방법원 2018.07.20 2016가단5303751

손해배상(기)

Text

1. As to the Plaintiff KRW 61,735,80, and KRW 13,122,100 among them, the Defendant shall pay to the Plaintiff KRW 12,60,800 from December 19, 2012.

Reasons

1. Facts of recognition;

A. On December 14, 1964, the Plaintiff acquired ownership of B forest land B 73,985 square meters (hereinafter “instant land”).

B. From December 19, 201 to the date of the instant land from December 19, 201, the Defendant Pawing Co., Ltd has installed 21 units of personal name, 21 transportation units, 1, and 4 gambling remotes (hereinafter “military facilities of this case”) on the aggregate of 12,083 square meters in the portion of “A” (hereinafter “the part occupied by the Defendant”) connected each point of the attached Table No. 6-14, 12-59, and 6 among the instant land.

The area directly occupied by the military installation of this case, including the attached appraisal map (in the form of judgment No. 7; hereinafter referred to as “the second appraisal map”) through 5, is partly occupied and used by the Defendant in order to use the military installation of this case.

(c) From December 19, 201 to December 29, 2016, the rent for the possession of the Defendant is as follows:

[Reasons for Recognition] Uncontentious Facts, Gap's statements or images of Gap's 1,6 through 14 (including branch numbers), the result of the survey and appraisal conducted by appraiser D, the result of the appraisal conducted by appraiser E, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant is obligated to compensate the plaintiff, the owner of the part occupied by the defendant, for the amount equivalent to the rent due to the occupation and use of the part occupied by the defendant without permission, barring special circumstances.

3. Judgment on the defendant's assertion

A. The defendant asserts that the possession and use of the military installation portion is limited to the installation portion of the military installation portion, and that only the installation portion of the military installation of this case (Article 2) is occupied and used.

The following circumstances, which are recognized by the aforementioned evidence, etc., namely, the statement of the use supplementary opinion upon the request for submission of the litigation data, submitted by the Defendant, [report] on the screen B.