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(영문) 인천지방법원부천지원 2014.07.11 2013가단32187

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 30, 2002, the Plaintiff transferred the ownership of the C & 383 square meters in Kimpo-si, Kimpo-si (hereinafter “instant land”).

B. Of the instant land, there is part of a road (attached Form 1, section 73 cubic meters) and a fireproof body (attached Form 2, section 31 square meters) that connects each point of the following points in sequence among the land in the attached Form 3 through 8, 11, 12, and 3 (hereinafter “road in this case”).

C. The road of this case is a road from the contribution to Kimpo-si Office (hereinafter “the Eup office of this case”). D. D.

Of the instant roads, the steel gate (hereinafter “the instant steel gate”) was installed in the part connecting each point of the 11,10 of the attached drawings among the instant roads, and was removed from around 2006 to 2007.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that, since the defendant occupies and uses the road of this case as the access to the Eup office of this case, the defendant is obligated to pay the amount equivalent to the rent for the road of this case as unjust enrichment return to the plaintiff, and as to this, the defendant did not occupy and use the road of this case, and the defendant also renounced or loses the exclusive right to use and benefit from the road of this case as the owner by directly providing the road of this case as the passage of the residents or allowing the passage of the residents, so it cannot be said that the plaintiff who acquired the land of this case did not incur any loss, since the owner of the land of this case waives or loses

B. (1) Determinations is to provide local governments with public roads for public use in the traffic of the general public after the completion of packing works by subsidizing a significant portion of the cost to the opportunity of residents' self-help projects in which neighboring residents participate.