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(영문) 수원지방법원 2015.09.09 2014가단516075

부당이득금

Text

1. The Defendant’s KRW 70,450,785 as well as the Plaintiff’s annual rate of 5% from June 11, 2015 to September 9, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff owned each of the above shares in relation to the ownership transfer registration on December 31, 1979, E forest land 293 square meters, F forest land 3139 square meters, and 1/2 shares in G forest land 1976 square meters on May 23, 1996, among the above forest land (hereinafter “each of the instant forest”) up to the present date, with respect to the ownership transfer registration on December 31, 1979, E forest land 293 square meters, F forest land 3139 square meters, and G forest land 1976 square meters.

B. The Defendant, around 1970, installed H in the vicinity of each forest of this case and occupied and managed the said reservoir (hereinafter “instant reservoir”) and its neighboring road up to the present day.

C. The defendant from 2009 to 2009, as above.

Of the forest land indicated in B as indicated in the paragraph, part 23 square meters indicated in the annexed drawing No. 1, part 421 square meters in the annexed drawing No. 1 among the forest land C, part 1,925 square meters in the annexed drawing No. 1,561 square meters in the annexed drawing No. 1 among the forest land No. 421 square meters, part 1,561 square meters in the annexed drawing No. 2 among the forest land No. 1,561 square meters in each of the instant reservoirs, and part 1,838 square meters in the annexed drawing No. 2 among the E forest land, and part 201 square meters in the “B” in the annexed drawing No. 2 among the G forest land No. 649 square meters in each of the instant reservoirs, part 214 square meters in the annexed drawing No. 2 among the forest land No. 2, and part 5,405 square meters in the attached drawing No. 3, and part 5,57 square meters in each road No.

Of the forests and fields of this case, C.

The rent from July 1, 2009 to March 31, 2015 from July 1, 2015 to March 31, 2015 is KRW 30,910,40 in the case of B, C, and D forest, and KRW 87,346,190 in the case of E, F, and G forest (i.e., KRW 12,592,830 in the case of forest (i.e., KRW 74,753,360 in the case of forest). As a result of the appraisal of the rent, the Plaintiff claims the forest of this case as a road according to the appraised value in the case of the forest of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4.