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(영문) 의정부지방법원 2016.12.16 2016가단23755

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 21, 1998, the registration of transfer of ownership in the name of the Plaintiff was completed on September 21, 1998 with respect to the land size of 116.8 square meters in the Gu Government-si.

B. As to the portion of 126/268m2 among the portion of 46.4m2 in Ku-si, Ku-si, the registration of transfer of E’s ownership was completed on August 6, 1986 with respect to the remaining portion of 142/268m2.

On December 23, 1982, the registration of transfer of ownership in the name of F 180.9 square meters was completed.

On January 19, 1987, the registration of transfer of ownership in the name of E was completed with respect to G large scale 66 square meters.

With respect to the above DFG land, the registration of ownership transfer was completed on August 1, 2007 under the name of the defendant and the designated parties on February 21, 2007 due to the inheritance due to the division in consultation on February 21, 2007. The co-ownership of the defendant and the designated parties is 1/5, respectively.

The above DG land was merged with the above FF land on March 10, 2008, and the size of the said FF land was 293m2.3m2.

C. After the above annexation of the Plaintiff’s land C and the Defendant, and the designated parties, F land is adjacent to the Plaintiff’s land as shown in the annexed drawing images.

【Ground of recognition】 The fact that there has been no dispute, each entry and video of Gap 2 through 6, and the purport of whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion E or the Defendant and the designated parties have occupied and used approximately 4.29 square meters of the Plaintiff’s above C’s land without any legal cause for 214 months from September 21, 1998 to July 20, 2016 (10 months) from around September 21, 1998, for approximately 4.29 square meters of the Plaintiff’s land. As such, the Defendant and the designated parties are about 150,000 won per month for the above period of 4.29 square meters of the Plaintiff’s land. Thus, the Defendant and the designated parties shall pay the Plaintiff the amount of KRW 32,10,000 (i.e., 150,000 x 214 months) and damages for delay.

B. The evidence of the plaintiff's submission of judgment alone is insufficient to recognize the above assertion, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed for lack of reasonable grounds.