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(영문) 울산지방법원 2015.09.25 2015가단51202

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) 11,54,750 won and a rate of 20% per annum from September 10, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On July 20, 1966, the Plaintiff completed the registration of ownership transfer on February 14, 1990 with respect to each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”). The Plaintiff completed the registration of ownership transfer on February 14, 1990 with respect to all of the remaining shares of each of the above lands on the ground of donation on February 13, 1990. < Amended by Presidential Decree No. 13183, Feb. 14, 1990>

B. The land category of each of the instant lands was changed to the road on October 27, 1932.

C. On October 1, 1997, the Defendant publicly announced on the route recognition No. 34 of Gun roads, and each of the instant land is included in No. 34 lines and used for the passage of the general public.

The rent for each period of the land of this case shall be as follows:

Attached Table 1: Attached Table 2: Attached Table 1 2.3: KRW 1.40, KRW 640, KRW 780, KRW 60, KRW 740, KRW 740, KRW 740, KRW 47, KRW 280, KRW 640, KRW 60, KRW 280, KRW 640, KRW 68.15, KRW 20, KRW 68, KRW 740, KRW 20, KRW 68, KRW 205, KRW 20, KRW 468, KRW 740, KRW 640, KRW 768, KRW 20, KRW 680, KRW 60, KRW 60, KRW 780, KRW 607, KRW 3744, KRW 47, KRW 440, KRW 440, KRW 285, Nov. 21, 201.

2. The allegations by the parties and the determination thereof

A. According to the above facts of determination as to the cause of claim, it is reasonable to view that the defendant, from October 1, 1997, commenced possession of each of the lands of this case owned by the plaintiff as the dominant body from around October 1, 1997, and therefore, the defendant is equivalent to the rent.