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(영문) 대전지방법원 2020.06.23 2019가단105631

부당이득금

Text

1. The defendant is against the plaintiffs:

A. Of the land size of E forest E 286 square meters in Pakistan, each point of the attached Form No. 4, 5, 6, 7, 8, 9, and 4 is indicated.

Reasons

1. Facts of recognition;

A. On March 11, 1968, F Forest Land in Pakistan (hereinafter “the land before the instant subdivision”) was registered as a preservation of ownership in the name of the Defendant on March 11, 1968. On the same day, the registration of ownership transfer based on sale and the registration of ownership transfer based on the sale under the name of the Plaintiff A was completed in turn, and on March 15, 1985, the registration of ownership transfer based on the donation was completed in the name of H among H.

B. On March 15, 1985, in the land prior to the instant subdivision, E Forest land was divided into 286 square meters (hereinafter “instant land”). On December 19, 1989, the registration of ownership transfer for each of the instant land 1/4 shares due to donation was completed in the name of the Plaintiffs, and the Plaintiffs shared the instant land until now.

C. The Defendant, around 1964, installed an auxiliary facility, including I, on the ground of 253 square meters in order to connect each point of the attached Form No. 4, 5, 6, 7, 8, 9, and 4 among the instant land, and occupied the instant land by installing an appurtenant facility (hereinafter collectively referred to as the “instant facility”).

(2) The portion of the above land owned by the Defendant is 253 square meters (hereinafter “the land occupied in this case”). [Grounds for recognition] The fact that there is no dispute, Gap’s evidence 1 through 3, Eul’s evidence 1 through 4, on-site verification results, the result of the survey appraisal, the purport of the whole pleadings.

2. Determination

A. According to the above facts, the Defendant is obligated to remove the instant facilities installed in the land occupied by the Plaintiff and deliver the land occupied by the Defendant to the Plaintiff, barring any special circumstances. 2) As to the claim for the acquisition by prescription of possession (a) as to the claim for the acquisition by prescription against the Defendant’s possession (a summary of the first claim is from around 1964 to the point of view, the Defendant occupied the instant facilities in peace and openly with the intent to own them by installing the instant facilities on the land occupied by the Defendant, and for which 20 years have elapsed since the Defendant commenced possession.