토지사용료
1. Plaintiff, Defendant B, Defendant C, Defendant C, KRW 16,878,424, and each of them, from June 3, 2015 to August 12, 2015.
1. Facts of recognition;
A. The Plaintiff and the Defendants are operating salt farms on each ground of 10,688 square meters of land listed in the attached Table list (However, the land listed in paragraph (4) is 4,258 square meters in total) and 40,702 square meters of 40,682 square meters in Seosan City. For convenience, the Plaintiff and the Defendants divided it into three areas and run by Defendant B, and 2, salt farms (52,815 square meters), and 3, salt farms (38,165 square meters in total) by the end of 2011.
Since then, the plaintiff is operated.
B. The Defendants used Defendant B’s entire part of the adjoining D land (hereinafter “instant land”) in order to supply the seawater prior to the said salt, and Defendant C used 30,014 square meters, respectively. However, the said reservoir was used solely for the purpose of supplying the seawater prior to the said salt.
C. The above D land was bequeathed from F on April 14, 2010 and owned by the Plaintiff.
Meanwhile, the Plaintiff filed a lawsuit against Defendant B seeking the payment of usage fees of 30,014 square meters out of the instant land. On June 25, 2015, the Daejeon High Court rendered a judgment on the part of the Plaintiff’s claim for return of unjust enrichment equivalent to the usage fees from April 14, 2010 to October 24, 2013 (2014Na8555), and the said judgment became final and conclusive on July 15, 2015.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5, 11, 19, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, since the Defendants used and used the instant land to operate the salt farm, the Defendants are obligated to return unjust enrichment equivalent to the royalty of the instant land to the Plaintiff.
With respect to the amount to be paid, the following facts can be acknowledged according to the health class, Gap evidence No. 3.
The Plaintiff is sought by Defendant B, 12,104,000 for salt farm No. 0.40 13,596,537,000 for salt farm No. 0.29,857,000 for salt farm No. 0.29,688,688 12,104,000 for salt farm No. 1.02,000 for salt farm No. 1.012,104,000 for salt farm No. 1. 1.002,100 for salt farm No. 12,104,000 for salt farm No. 1.00