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(영문) 의정부지방법원 2018.12.07 2017가단132939

토지인도

Text

1. The defendant is against the plaintiffs:

A. Each of the indication 1 to 6, and 1 of the attached Form No. 1, which is laid underground in the 291m2 in East-gu, East-gu, C.

Reasons

1. Basic facts

A. The owner of 942 square meters prior to Dong-gu, Dong-gu, Dong-do, D prior to the division was E (acquisition of ownership on December 28, 1979), F (acquisition of ownership on January 27, 2006 after purchase from E), G (acquisition of ownership on February 5, 2008 after purchase from F).

B. On December 16, 2010, the area of 942 square meters prior to the Dong-gu, Dong-gu, Dong-gun was divided into H village access road construction, and the remaining 297 square meters (i.e., 942 square meters - 645 square meters) was divided into 6 square meters prior to D and 291 square meters prior to I (hereinafter “instant land”).

C. Around 2007, the Defendant laid the sewage pipe in the instant land (i.e., 45m in length x 0.3m in diameter x 0.3m in diameter hereinafter “instant sewage pipe”) which connects each point of the items of the attached drawing Nos. 1 through 6 and 1 to the underground of the instant land.

Around August 2012, the Defendant: (a) performed construction on the entire land of the instant case in order to maintain and manage the worn-out asphalt package; and (b) G, the owner of the instant land, at the time, approved the Defendant’s free use of the instant land for the purpose of construction over the ice cover.

E. On July 20, 2017, the Plaintiffs purchased the instant land from G and acquired the ownership of 1/2 shares of the instant land on August 11, 2017, respectively.

F. Around November 2017, the Plaintiffs received the claim for damages and the claim for return of unjust enrichment against the Defendant by the Defendant arbitrarily laid the instant sewage pipe on the ground of the instant land from G, and that G received the claim for return of unjust enrichment against the Defendant. On November 28, 2017, G notified the transfer with content certification, and the said content certification reached the Defendant around that time.

G. Part of the land of this case was used as the current status before the plaintiffs acquired ownership, and at present several household residents under the land of this case use it as the current status.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 4, 5 through 8, 10, Eul evidence Nos. 1, 3, 5, 6, and 7, Gap evidence Nos. 3, the video of the evidence No. 3, the inquiry of the fact at Dongducheon on August 8, 2018.