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(영문) 의정부지방법원 고양지원 2021.02.17 2019가단99091

부당이득금

Text

1. The defendant shall be the plaintiff.

A. Of the area of 318 square meters in Pakistan-si D, each of the indication of the annexed drawings 1, 2, 18, 17, 13, 14, 15, 16, and 1.

Reasons

1. Facts of recognition;

A. On December 8, 2000, the Plaintiff registered ownership transfer on the ground of donation on December 6, 2000 with respect to D 318 square meters (hereinafter “instant land”).

B. B. Before around 2014, the Defendant packaging the pertinent part on the ship, which was successively connected with each point of the instant land indicated in the Appendix No. 1, 2, 18, 17, 13, 14, 15, 16, and 1, among the instant land, and possessed and used the relevant part up to now.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, Eul evidence and video, the result of this court's request for appraisal to the main branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant, without any title title, has occupied and used the asphalt package in the instant part while managing it as a road.

Therefore, the defendant is obligated to deliver the part on the ship of this case to the plaintiff and return unfair profits equivalent to the profits from use acquired by occupying and using the above part on the ship.

2) On September 20, 1962, the land category of the Defendant changed from the answer to the road to the road, and had already been provided for the passage of the general public. Since the former owner renounced the exclusive right to use the instant land, the Plaintiff, who is the specific successor, may not exercise the right to use the exclusive right.

B. Determination 1) The Defendant, from around 2014, constructed a road on the part of the instant part owned by the Plaintiff and occupied and used it. Thus, barring any special circumstance, the Defendant is obligated to deliver the part of the instant part to the Plaintiff and return unfair profit equivalent to the profits from the use acquired by occupying and using the instant part to the Plaintiff.

B. H. H. health with respect to the amount of unfair profit to be returned to the Defendant, as well as with respect to appraiser E of this Court.