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(영문) 서울동부지방법원 2016.09.07 2014가합107848

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) KRW 17,885,200 and 5% per annum from November 3, 2015 to September 7, 2016; and

Reasons

Basic Facts

On February 27, 1991, the Plaintiff completed the registration of ownership transfer on each of the instant real property, which was based on sale on January 20, 1991.

Among each real estate of this case, the part of the road of this case is packed with a ice container constructed by the defendant and is currently used as a road for the present neighboring residents to pass through a meritorious road.

On the other hand, the Korea Environment Corporation entrusted the Defendant, etc. with the “B sewage culvert rearrangement project” and installed sewage pipes (hereinafter “the instant sewage culvert”) on the underground surface of the instant road in 2007 pursuant to the part of the instant road. On March 2008, the Korea Environment Corporation transferred all of its authority over the instant sewage culvert to the Defendant.

[Based on the absence of dispute, Gap evidence Nos. 1 through 5 (if there is a provisional number, including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and Eul evidence Nos. 1, the result of the on-site survey and appraisal entrustment to appraiser C, the result of this court's on-site inspection, as to the de facto road which is judged as to the cause of claim for removal of obstacles to the purport of the whole pleadings, the public notice of the recognition of routes under the Road Act, the road zone, or the construction of a road by the implementation of an urban planning project under the Urban Planning Act, can be recognized as possession of the road as the road management authority starting from this time when the State or a local government, even if there was no act of construction of a road under the Road Act, is actually under the de facto control of the State or a local government, and thus, can be recognized as the de facto controlling entity.

(see, e.g., Supreme Court Decision 94Da58216, Jun. 29, 1995). In the instant case, the Defendant performed packing construction on the instant road, and from March 2008, the part of the instant road from the Korea Environment Corporation.