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(영문) 의정부지방법원 2016.05.20 2015가단108529

오수관로철거 및 토지인도 등

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1. The Defendants indicated in the attached Form No. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 36, 37, 38, among the land areas of 9431 square meters in Gyeonggi-do, the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 14, 1984, the Plaintiff completed the registration of ownership transfer with respect to B, 9431 square meters (hereinafter “instant land”).

B. At around 2004, Defendant Republic of Korea installed a sewage culvert (hereinafter “instant sewage culvert”) according to the ditch on the part 239 square meters on the part 239 square meters inside the ship, which connects each point of the attached Form 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 36, 37, 38, 39, 40, 42, and 4 of the instant land in sequence.

C. Defendant Republic of Korea has profit from using the wastewater discharged from the nearest military unit (C unit) of the instant land as a facility, and Defendant Bocheon-gun has profit from the management of the instant sewage culvert.

The amount equivalent to the rent for the entire land of this case shall be as follows.

The monthly rent for the period of the sequence 12, 201 to May 12, 2010 to May 11, 2011, 5,432,300, 452,702 from May 12, 201 to May 11, 201 to May 11, 201, 201 to May 5, 201, 200 to 465, 300 to 300 303 from May 12, 2012 to May 11, 2013, 200 to 5,583, 20465, 300 to 3014

5. On May 12, 2014, May 12, 2014, from May 12, 2014 to May 6, 488, 500, May 11, 2015, 5,847,200, 500, 540, 700 June 3, 2015 to October 30, 2015, 3,093, 200, 546, 998, 32,7,60 [based] without dispute; Gap; Eul evidence 1, 3, 4, 5; Eul evidence 1, 1 through 10; Eul evidence and images; the result of the survey and appraisal conducted by the Korea Land Information Corporation; the purport of the overall oral proceedings entrusted with D’s appraisal; the result of the appraisal conducted by the Korea Land Information Corporation; and the purport of the overall oral proceedings entrusted with D’s appraisal as a whole.

2. Judgment on the parties’ assertion

A. According to the above facts of recognition 1), the Defendant Republic of Korea established and used the instant sewage pipe on the land of this case with the indication of drawings (c) part 239 square meters, among the land of this case, and the Defendant Socheon-gun managed the instant sewage pipe, thereby managing the instant sewage pipe, and thus, the Defendants, barring special circumstances, occupy and use the attached drawings (c) of the instant land owned by the Plaintiff as the de facto controlling entity. Thus, the Defendants, barring special circumstances, are the instant sewage pipe.