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(영문) 대전지방법원 2015.10.29 2014가단226700

부당이득금반환 등 청구의 소

Text

1. The defendant shall appoint the plaintiff (appointed party) and the appointed party:

A. Attached Form

1. Each money stated in the claim for the existing rent; and

Reasons

1. Facts of recognition;

A. On November 30, 1970, the ownership transfer registration was completed in the name of Dong E (hereinafter “the deceased”) on November 30, 1970 with respect to B forest land B, 6,347 square meters and C forest land C, 803 square meters (hereinafter “D forest”).

(b) In around 1959, the Busanan Farmland Improvement Association completed the F reservoir on the 28 parcel of land located in the Dollan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and attached Form 5,889 square meters of forest land located in the 5,889 square meters

3. Attached Table among the 17, 18, 19, 20, 20, 31, 37, 5, 36, 35, and 17 in sequence which connects each point in the drawings indication, and the part (a), (b), (c) part of 458 square meters and C forest land 4869 square meters.

3. Drawings indicating 20, 21, 21, 22, 23, 24, 25, 26, 41, 40, 42, 42, 12, 11, 10, 45, 9, 8, 7, 44, 6, 5, 37, 31, and 20 of the drawings are used as sites, etc. of the F reservoir until until the date on which the area in question is 2,915 square meters in sequence;

(hereinafter referred to as “instant forest land”) among D forest land, which is used as the site of the F reservoir.

In January 1, 200, the Korea Agricultural and Rural Community Corporation was absorbed into the Korea Agricultural and Rural Infrastructure Corporation on January 1, 200, and the name of the defendant was changed as of December 2005.

On the other hand, the Deceased died on June 11, 1972, and the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) are the inheritors of the Deceased, and their inheritance shares are attached Form.

1. The same shall apply to the entry of shares in inheritance in the amount claimed for existing rent;

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, results of a request for appraisal of cadastral surveying for the Korea Cadastral Corporation, purport of the whole pleadings

2. Determination:

A. According to the fact that the return of unjust enrichment 1 occurred, the defendant obtained profits equivalent to the rent of the forest of this case from the possession and use of the forest of this case as the reservoir and the subsequent site, etc., without any legal ground. The defendant suffered losses from the plaintiffs who own inheritance shares among the forest of this case, who own each inheritance share, the amount equivalent to the rent corresponding to each share. Thus, barring any special circumstance, the defendant is obligated to return it to the plaintiffs as unjust enrichment.