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(영문) 울산지방법원 2016.03.22 2015가단57125

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. On March 3, 1965, the registration of ownership preservation was completed in the future of the Plaintiff on March 3, 1965 with respect to the land of 326 square meters in Ulsan-gun, Ulsan-gun (hereinafter “land before subdivision”).

B. On January 6, 2014, the instant land before the instant partition was divided into a 306 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant land”) and a 20 square meters in C paddy-gun (hereinafter “other land after division”).

[Grounds for recognition] Gap 1-1, Eul 2-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Defendant opened a road on the instant land and occupied and used it. 2) The Defendant did not have a lawful possessory right over the instant land, and the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent.

B. Since there is no evidence to prove that the defendant occupied and used the land of this case, the plaintiff's assertion is without merit.

(3) According to the following facts, the Seoul Special Act on the Acquisition of Land for Public Use and Compensation for Loss (hereinafter “Public Special Act”) was applied to the Plaintiff at the time when the Special Act on the Acquisition of Land for Public Use and Compensation for Loss (hereinafter “Special Act”) appears to have been applied to the Seoul Special Act on the Acquisition of Land for Public Use and the Use of Land for Public Use.

On September 1990, the Ulsan-do Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City and Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City.

B. On September 24, 1990, the Plaintiff filed a claim for KRW 31,062,50,000, which is a assessment amount, on the premise that the area of the land prior to subdivision is 335 square meters.

C. The Ulsan-gun confirmed that the amount of compensation exceeds the amount of compensation for nine square meters (335 square meters-326 square meters) since the area of the land before the division was 326 square meters, and demanded the Plaintiff to return the excess amount of compensation paid on August 191.