부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 19, 2015, the Plaintiff acquired the instant road of 748 square meters (hereinafter referred to as “instant road”) as a compulsory auction by official auction.
B. The owner of D’s land adjacent to the instant road (hereinafter “D”) owned 633 square meters of land for a factory, E and F owned 1/2 shares. On April 1, 2004, G acquired at voluntary auction by the former representative director of the Defendant, and transferred ownership to H on June 3, 2005 due to sale, and G acquired ownership on November 11, 2009 again.
C. On the 5th above ground of D and its adjacent five lots, there are two-storys of steel structure sand panel position panel roof, two-story factories of general steel structure, one-story roof roof, one-story warehouse of general steel structure, and two-storys of general steel structure, one-story roof, and two-storys, restaurants, etc. (hereinafter collectively referred to as the “instant factory”). G acquired ownership on November 11, 2009, and the above factories are used in relation to the Defendant’s business.
In order to enter the factory of this case, the road of this case owned by the plaintiff must be passed.
E. At present, the road of this case owned by the plaintiff, ① The appraisal of the attached Form Nos. 1 is laid underground along the underground of the part (b) connecting each point of the 5,6, 7, 8, and 5 in the drawing No. 1, and the part (c) connecting each point of 7, 8, 9, 10, and 7 in the same drawing is laid underground. The joint revision exists in the part (a) of the same drawing. The appraisal of the attached Form No. 2 is laid underground in the part (a) of the same drawing, 3 drainage pipes, 2 drainage pipes laid underground in the part (b) of the same drawing (hereinafter referred to as "the drainage pipe, etc. of this case"). ② The appraisal of the attached Form No. 2(c) and (d) of the above part on the ground (hereinafter referred to as "the above part (c) may be collectively referred to as "number 2-c, 2-c, 2-4 (d) of the above part)."
[Ground of recognition] Unsatisfy, A(1) through (3)