beta
(영문) 울산지방법원 2015.05.22 2014가단12743

부당이득금반환

Text

1. The defendant shall be the plaintiff.

A. From January 31, 2015 to May 22, 2015, KRW 1,994,00 and for this, KRW 5% per annum from January 31, 2015 to May 22, 2015. < Amended by Act No. 13325, May 5,

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on March 14, 1992 with respect to the registration of ownership transfer on March 14, 1992 with respect to the land of 836 square meters in Ulsan-gu B river (hereinafter “instant one”) and with respect to the land of 112 square meters in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant two land”) on November 19, 1990 due to the inheritance by consultation and division on March 14, 1992.

B. Of the instant land 1, the part 231 square meters indicated in the attached drawing is a road managed by the Defendant, which is supplied for the passage of the general public by packing construction, and the part 314 square meters in the same drawing, which is 314 square meters in a part 314 square meters in a small river designated and managed by the Defendant.

(hereinafter referred to as “bb” and “creamble” are part of the instant one land).

Part of the land of this case is a road managed by the defendant, which is supplied for the passage of the general public as the packaging construction work, and the remainder is assigned to the "Jancheon" designated and managed by the defendant as a small river.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 to 4, result of an appraisal commission to the Korea Cadastral Corporation, purport of whole pleadings]

2. The allegations by the parties and the determination thereof

A. (1) The plaintiff defendant, without any title, uses and occupies part of the land of this case and the land of this case 2 as a road or river, which is owned by the plaintiff without any title, thereby unjust enrichment equivalent to the profits from use.

Therefore, from May 15, 2009, the Defendant is obligated to return the amount equivalent to the rent from May 15, 2009 to the day when the Plaintiff lost ownership of part of the instant 1 land and the instant 2 land or the Defendant lost possession of the said land as unjust enrichment.

(2) The Defendant Plaintiff had been well aware of the fact that each of the above lands was used as a road or river as it had been living in the area located in the 1,2 land of this case for a long time, and the land of this case 2 is naturally occurring.