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(영문) 청주지방법원 2017.09.15 2016가단115234

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

【Eurine】

1. Determination on the cause of the claim

A. The facts of recognition 1) Bri-gu, Cheongju-si (hereinafter “Bri”) Bri-gu, Cheongju-si, Cheongju-si (hereinafter “Bri”) C 2,096 square meters (hereinafter “C land”), and D 774 square meters (hereinafter “D land”) are used as a bank or lower-water site of the Ebri-si, as seen in the right-hand photo.

[HL] B) F-Maintenance 883 square meters (hereinafter “F land”).

(G) and 195 square meters of G maintenance (hereinafter “G land”).

(C) As seen in the left-hand photograph, the land in this case is used as a bank or lower-class site of HH (such as above, together with land C, D, F, and G, hereinafter referred to as “each of the instant lands”).

(2) The Defendant’s land of this case is occupied and used as well as the H reproductive site (hereinafter collectively referred to as “each of the instant sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

3) The Plaintiff’s assistance in acquiring the Plaintiff’s ownership (A) completed the registration of ownership transfer on May 27, 194 with respect to the land of this case as to the “F” on the land of this case, which was divided into the land of this case, and “J 786 square meters (hereinafter “J land”), “K 245 square meters (hereinafter “K land”) and “K 245 square meters”) before D land was divided, and “F” on each of the instant land.

B) On April 25, 1995, the Plaintiff completed the registration of transfer of ownership on each of the instant land due to inheritance by a consultation division as of November 30, 1994. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence 1 through 6, Eul evidence 1 and 2 (including a branch number if there is a serial number; hereinafter the same shall apply)

each entry or video, the whole purport of the pleading;

B. According to the above facts of recognition, the Defendant acquired benefits equivalent to the rent by occupying and using each of the instant parcels of land as the site for each of the instant parcels of land, and thereby, incurred to the Plaintiff, who is the landowner.