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(영문) 의정부지방법원고양지원 2019.03.06 2018가단83389

토지인도

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff is the owner who completed the registration of ownership transfer on May 14, 2002 with respect to H 390 square meters of roads H 390 square meters (hereinafter “instant land”).

Defendant B used the instant land and its ground buildings, Defendant C Co., Ltd. for the purpose of contributing to the land and its ground buildings, and Defendant D Co., Ltd. for the land and its ground buildings, Defendant F Co., Ltd. for the purpose of contributing to the entry of the instant land as the owner of the land and its ground buildings, and Defendant G Co., Ltd for the purpose of contributing

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence (including branch numbers for Gap 2 and 3 evidence), the purport of the whole pleadings

2. Determination:

A. The Plaintiff asserted that the Defendants obtained unjust enrichment equivalent to the royalty by using the instant land without any title to the road without permission, and claiming the return of the benefit.

The defendants asserted that the plaintiff renounced the exclusive right to use and benefit from the land of this case.

B. In a case where one of the reasons for waiver of exclusive use rights is naturally occurring from the previous one to the road site and is actually used as a road for the public traffic, the owner of the land directly provides the land as a road and grants the right to passage without compensation to the neighboring residents or the general public, or gives up exclusive and exclusive use rights to the land, and the interpretation is to be made by means of giving up the right to use and benefit from the land, the circumstance and period he owns the land, the situation and scale of the divided sale of the remaining land, the location and nature of the land to be used as the road, the relationship with the neighboring land, and the surrounding environment, etc., as well as the degree of contributing to the effective use and benefit of the remaining land partitioned and sold.