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(영문) 서울북부지방법원 2018.06.21 2018나30922

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is the same as the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part 3, No. 15 of the third part to be cut off or added, “The road portion of this case had been already used as a road around 1972” means that “The road portion of this case had been already used as a road around 1972, but, at the request of the residents thereafter, the Defendant appears to have sealed the part of this case.”

Each "State or local government" in the third place of 19-21 shall be changed to "Defendant".

The first 5 and 6 states, “The Defendant asserted that the owner of the road portion of this case renounced his exclusive right to use and benefit from the road portion.” The Defendant has been used from 1972 to 1972 for neighboring residents or the general public. Therefore, the previous owner of the road portion of this case and the Plaintiff who received the donation of the road portion from the former owner of the road portion of this case shall be deemed to have renounced his exclusive right to use and benefit from the road portion of this case.”

The "forest" outside the 5th parallel 3rd parallel shall be raised into "road".

The following judgments shall be added immediately below the 7th page:

In regard to this, the Defendant asserts that the appraisal of the road portion of this case should be evaluated as the “road”, which is the present condition, but the result of the entrustment of the rent appraisal by the first instance court, is 669 square meters, which is the comparative standard site, and thus, the amount of unjust enrichment of the road portion of this case should be recognized as the amount equivalent to 1/3 of the amount equivalent to the rent amount as a result of the entrustment of rent appraisal by the first instance court.

The appraiser corporation of the first instance court, the first instance court.