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(영문) 부산지방법원동부지원 2015.06.24 2014가단210458

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s ownership transfer registration has been made in the name of the Plaintiff on July 6, 1966 with respect to the 382 square meters and 66 square meters in Suwon-gu, Busan Metropolitan City.

B. On May 2, 1973, the Plaintiff, was divided into Category B B, 528, and Category D 414 square meters, and on March 22, 1976, from Category D, Section 20 square meters (66 square meters) was divided into approximately 377 square meters, Category D 1,302 square meters, and Category C 66 square meters.

After that, B large 377 square meters was merged with E on December 10, 1998, and 382 square meters became 382 square meters.

C. On March 22, 1976, the land category was changed to a road. D.

The portion of the attached Table 1,9,10,11 and 80m2 (hereinafter “instant land”) connected with each point of the attached Table 1,9,10,11 among the above B B-382m2m2 and the above C-6m2m2 (hereinafter “instant land”) are currently used as a road passing through which delivery and vehicles pass.

E. Around August 2008, the Defendant established boundary stone and safety rails on the land Nos. 1 and 2 of this case for the purpose of improving children protection zones.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 (including paper numbers), the fact inquiry results to the head of the Busan Metropolitan City Suwon-gu Busan Metropolitan City, and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion is a public property owned by a local government that imposes and collects various taxes from the residents and provides them for the convenience of the residents. The Defendant, a competent local government, obtained unjust enrichment equivalent to the rent by occupying and using the land Nos. 1 and 2 owned by the Plaintiff without permission, and thus, is obligated to return such unjust enrichment to the Plaintiff.

The rent for the five-year period prior to the filing of the instant lawsuit is KRW 19,744,00 for the land of this case and KRW 5,134,80 for the land of this case, and KRW 5,134,80 for the land of this case after the filing of the instant lawsuit. Since the rent for the five-year period prior to the filing of the instant lawsuit is KRW 349,330 for the land of this case, and KRW 90,860 for the land of this case, the Defendant shall pay

(b) Determination (1) Any private land.