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부산지방법원 2015.05.07 2014가단207487

부당이득금

Text

1. The Plaintiff:

A. Defendant B shall be 3,913,424 won, Defendant G shall be 253,216 won, and each of the said money from November 5, 2014.

Reasons

1. Claim against Defendant B, F, and G

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Defendant B and F: Article 150 of the Civil Procedure Act (Judgment of deemed as Confession);

(c) Defendant G: Article 208(3)3 of the Civil Procedure Act (Decision by public notice)

2. Claim against the remaining Defendants

A. In fact, the plaintiff owned or owned each land as shown in the attached Table.

(2) The Defendants have access to the Plaintiff’s land (hereinafter “instant road”) as a passage route to the outside.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

B. (1) According to the above facts of recognition, the defendants are prohibited from having access to the surrounding land pursuant to Article 219(1) of the Civil Act, and barring any special circumstance, the defendants are obligated to compensate for the plaintiff's damage pursuant to Article 219(2) of the Civil Act.

(2) The defendants asserted that the road of this case was provided as a free passage through marina Development Co., Ltd., and the plaintiff succeeded to it after being aware of the fact that there was a burden of restricting the use of and benefit from the road. Thus, the plaintiff does not have the exclusive use right of the road.

In full view of the statements in Eul evidence Nos. 1 through 3 and 6 through 8 and witness I's testimony, ① The Mari Development was a corporation established on August 22, 2002 for the purpose of the JJ-si Corporation development project, and on September 11, 2002, purchased approximately KRW 360,000 square meters in a lump sum and completed the registration of ownership transfer on September 13, 200, ② The Mari Development Co., Ltd. was recruited from the company to move into the instant project site, divided the site to be moved into the instant project site, and divided the boundary between the leading and partitioned site from the instant project site to the Mari-si Corporation.