beta
(영문) 대전지방법원논산지원 2015.11.19 2014가단4548

부당이득금

Text

1. The Defendant’s KRW 538,053 as well as the Plaintiff’s annual rate of KRW 5% from September 4, 2014 to November 19, 2015.

Reasons

Basic Facts

A. On May 25, 198, the Plaintiff completed the registration of ownership transfer on June 28, 1985 with respect to the land of 67 square meters prior to Seosan-si, Seosan-si.

However, on December 10, 2014, the area of the above land was reduced to seven square meters as the area of 59 square meters among the above land was divided into Seosan-si D.

(hereinafter referred to as “instant land”) land reduced to seven square meters as such. B.

On April 4, 1997, the Defendant purchased a building without permission (hereinafter referred to as “instant building”) on the part (i) of 53 square meters on the part of 53 square meters in the ship connected in sequence with the land of 23 square meters in E, 23 square meters prior to F, 13 square meters prior to G, and 23 square meters in lots in the vicinity of the instant land, and possessed and used the instant building from that time to that time after completing the registration of ownership transfer on the land of 3 square meters in April 7, 197 (Provided, That the owner on the register of the said 3 lots of land is registered as “H,” but this is a clerical error in the name of the Defendant).

From the time the Defendant purchased the instant building to the end of the building, the steel pole was installed at a height of approximately 2 meters from the ground from 5 to 4th of the same drawing indication. Of the instant land, the part of (a) part of the instant building (hereinafter “instant part of land No. 1”) was used as the access to the instant building in sequence 1-5 and 1, connected each point of the attached drawing No. 2 among the instant land.

However, on June 18, 2014, the Plaintiff filed the instant lawsuit against the Defendant by asserting that “the part of the instant building was affected by the instant land.” On August 10, 2014, the Defendant closed the entrance of the instant building connected to the access to the land section 1, which was connected with the access to the ground, and removed the iron bars that passed above the part of the instant land 1.

In addition, on August 2, 2015, the defendant's "not more than one square meter in part (b) is not more than one square meter in order to connect each point of the attached Form 1 drawings 6, 7, 8, and 6.