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(영문) 서울고등법원 2016.08.25 2014나2007771

부당이득금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 184,172,00, and its amount shall be July 2016.

Reasons

1. The reasoning for the court's explanation on this part is as follows: ① access to the portion of 403 square meters (hereinafter "three-dimensional") indicated in the attached Form No. 16-17 of the judgment of the court of first instance is restricted, and the Plaintiff is not able to use or benefit from the said portion; ② The part of "the portion of "three-dimensional" indicated in the attached Form No. 3 (hereinafter "three-dimensional") shall be limited to the Plaintiff's use or benefit from the 403 square meters (hereinafter "the part of "three-dimensional") for the purpose desired by the Plaintiff; ② the part "the name of the Gyeyang Farmland Improvement Association was changed to the name of the Defendant on December 29, 2008," which is stated in the main sentence of Article 3 of the former Agricultural Infrastructure Corporation and Farmland Management Fund Act (amended by Act No. 5759 of Feb. 5, 199), Article 9 of the Addenda to the former Agricultural Community Corporation and Farmland Management Fund Act (amended by Act No. 20375, Dec. 27, 97, 2007, etc. 97).

2. Determination of the parties' arguments

A. 1) With respect to the Plaintiff’s claim, the summary of the Plaintiff’s claim is that the Defendant installed the instant water route in part of the said land without obtaining the consent of the Plaintiff, the owner of the instant land, and installed the instant water route and referred to in (b), (c) (hereinafter referred to as “the aforementioned (b) and (c) parts of the instant land, the Defendant shall be deemed

The plaintiff has occupied and used the land of this case, and therefore the plaintiff has used the land for its original purpose.