손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The plaintiff (Counterclaim defendant)'s main claim is dismissed.
(b).
1. Facts of recognition;
A. The Plaintiff is the owner of the land A, Seocheon-si, B, Seocheon-gu, 364.8 square meters (hereinafter “A”), and the said land was merged with B, Seocheon-gu, Seocheon-gu, 859.5 square meters on May 9, 2012.
B. Without the Plaintiff’s consent, the Plaintiff filed a lawsuit against the Defendant seeking unjust enrichment equivalent to the rent, on the ground that the Defendant used the portion of 85.8 square meters inside the ship connecting each point of the attached Table 1, 10, 2 through 7, 9, and 1 in sequence among the land A (hereinafter “instant land”) as the road, without the Plaintiff’s consent, as the cause of the claim that the Defendant used it as the road (Seoul District Court Decision 2001Da5601, Incheon District Court Branch Branch Branch Branch Decision 2001, Dec. 18, 2001, “the Defendant paid to the Plaintiff the amount calculated at the rate of 11,000 won per month from August 17, 2001 to the completion date of delivery of the instant land.” The said decision became final and conclusive on January 19, 202.
(hereinafter referred to as “instant decision”). C.
Around January 2, 2009, the Plaintiff submitted a document to the effect that he/she consents to the designation of the part of 28.1 square meters (28.1 meters in length of a road, 1.0 meters in width of a road) of the above land as a road in order to secure a new road to build a neighborhood living facility on A’s land, and its design drawings. On January 12, 2010, the Plaintiff obtained a building permit for the construction of the above neighborhood living facilities. On February 17, 2012, the Defendant publicly announced the designation of a road on the above 28.1 square meters of land on A’s land. 2) The Plaintiff newly constructed the first and third-class neighborhood living facilities (hereinafter “the instant building”) on A’s land, and obtained approval for use on April 27, 2012.
On the other hand, at the time of the building report of this case, the Plaintiff reported the site area as 1296 square meters and the building area as 768.8 square meters, and the entire remaining land excluding 28.1 square meters designated as a road among the land at issue of this case is included in the above site area.
When calculating the above area as the above, this case.