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(영문) 제주지방법원 2015.01.16 2012가단20320

토지인도등

Text

1. The defendant shall be the plaintiff.

(a) 544,462 won and 20% per annum from November 12, 2014 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s father, the father of the Plaintiff, completed the registration of ownership transfer on December 31, 1964, and the Plaintiff completed the registration of ownership transfer on November 1, 2012 due to an agreement division.

B. On November 11, 1972, the land category of the real estate indicated in the separate sheet was changed from the former road to the road. From that point of time, from that point, the real estate indicated in the separate sheet, among the real estate indicated in the separate sheet, the part of “A” and 274 square meters in line with each point of the attached sheet No. 1, 2, 13, 14, 15, 16, 17, 18, 19, 20, 21, 21, 8, 9, 10, 11, 12, and 12, among the real estate listed in the separate sheet, is being assigned to the road managed by the defendant and provided for the traffic of the

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, the result of the commission of appraisal to the director of the Korea Cadastral Corporation and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, barring any special circumstance, the defendant has a duty to return unjust enrichment from the possession and use of the road of this case without any legal ground to the plaintiff. Thus, the defendant has a duty to return unjust enrichment from December 13, 2007, as requested by the plaintiff. Furthermore, inasmuch as the defendant occupied the road of this case among each real estate listed in the separate sheet until the closing date of argument in this case and refused to return unjust enrichment, the plaintiff can file a claim in advance for unjust enrichment from the expiration date of possession of the road of this case or from the date of loss of the plaintiff's ownership. 2) The defendant has been offered for general traffic for a long time after the change of land category of this case. In light of the fact that the plaintiff's father B or the plaintiff did not raise any objection, the plaintiff is obligated to waive his exclusive and exclusive right to use and benefit from the road of this case.