beta
(영문) 의정부지방법원고양지원 2015.12.10 2014가단35504

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) KRW 505,137 as well as the annual rate from November 1, 2014 to December 10, 2015, and the following:

Reasons

Facts of recognition

On December 3, 2003, the Plaintiff completed the registration of ownership transfer on the ground of the inheritance of the property due to the agreement division made on October 8, 1973 with respect to the land of 281 square meters (hereinafter “instant land”).

On December 26, 2006, according to the district unit planning formulation, the Defendant designated part of the instant land as a irrigation channel. From April 15, 2013 to December 29, 2014, the Defendant performed construction works laid underground as sewage pipes on the instant land from April 15, 2013 to December 29, 2014. On May 2014, the Defendant distributed the parts of the instant land connected with each of the matters in the attached Form 2 through 9, 21, 20, 19, 18, 17, 16, 15, 14, and 2, as sewage pipes to the instant land (hereinafter referred to as “instant road parts”) and packed the part of the instant land in a way that added the asphalt to the existing concrete package.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1, 2, 3, Eul's evidence Nos. 1 through 4, appraisal commission to the director of the Korea Land and Infrastructure Information Corporation, and the appraisal commission to the director of the high branch office of the Korea Land and Infrastructure Information Corporation of this Court, the form of possession by the State or a local government is divided into possession and possession as a road management authority. Thus, it can be recognized that the occupation as a road management authority commences from the time of the determination of the public announcement of road route approval and road zone under the Road Act, or when the construction of a road is constructed by the implementation of an urban planning project under the Urban Planning Act, even if the construction of a road is not conducted by the State or a local government, it shall be recognized that the road has been actually controlled by the State or a local government, and it shall be recognized that the occupation as a de facto controlling entity has been commenced from that time when the construction of a road is performed and used for the general public for traffic.