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(영문) 의정부지방법원 2016.06.08 2015가단1062

부당이득반환

Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Summary of the plaintiff's assertion

A. On December 14, 2009, the registration of ownership transfer was completed on December 14, 2009 between the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointed B on December 14, 2009 with respect to each one-half share of C forest land 457 square meters and D forest land 59 square meters (hereinafter “instant land”).

The Defendant Intervenor laid a water supply center (hereinafter referred to as “instant water supply center”) on the part of the ship connecting each point in order to indicate 1-18, and 1 of the instant land among the instant land, and the Defendant occupies and manages the said water supply center thereafter.

The specific location of the above water supply center is the part of the practical line connecting each point in sequence (76m in total length of the water supply center, 1m in width, and 76m in size of the water supply center) indicated in the attached drawing(1), (2), (3), (4), (5), (6), (7).

The level of rent for the portion laid underground in the water supply center of this case (hereinafter referred to as "the portion in dispute of this case") shall be as follows:

The monthly rent for a period of November 1, 201 to October 31, 2012: (a) KRW 444,000,000 from November 1, 201 to October 31, 2012 to October 31, 2012; (b) KRW 468,000 from October 31, 2013 to October 39, 2013; (c) KRW 32,000 on October 31, 204 to KRW 384,00 on October 32, 200; and (d) the fact that there is no dispute over the overall appraisal of KRW 10,00 on the appraiser’s KRW 380 on October 32, 2015 to KRW 380,00; and (d) the overall appraisal of KRW 10,000 on the appraisal of KRW 380,00 on the basis of the appraisal of KRW 160,371,20

B. According to the facts found above, the defendant, the owner of the water supply center of this case, has a duty to remove the water supply center of this case and deliver the part of the dispute of this case among the land of this case, as he interferes with the plaintiff's exercise of ownership over the dispute of this case, barring special circumstances.

In addition, as unjust enrichment from the possession and use of the dispute part of this case, KRW 1,772,00 from November 1, 201 to January 31, 201.