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(영문) 청주지방법원 2014.04.09 2012가단22587

불법시설물철거 및 토지인도 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Under fact, neighboring household residents of each of the instant lands owned by the Plaintiff have been using each of the instant lands as a passage through which news blocks and sewerage facilities were installed.

From March 26, 2008 to May 6, 2008, the Defendant performed the “D Village Foundation Corporation” and, at the request of the above residents, performed a construction work to pack part of the parts on each of the instant land on which the existing news block is installed as concrete.

Accordingly, among each land of this case, part of 26 square meters in a ship connecting each point of 3, 4, 5, 6, and 3 of the annexed drawings was packed with concrete (hereinafter “the instant concrete package”), and as regards the part of 16 square meters in a ship connecting each point of 1, 2, 3, 6, and 1 of the annexed drawings, the sewerage facilities installed before the aforementioned packing work (hereinafter “the sewerage facilities of this case”) remain.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 6-1, 2, 3, Eul evidence 1, 2, and 3; the result of the commission of surveying and appraisal to the military branch offices of the Korea Cadastral Corporation; the purport of the whole pleadings

2. The Plaintiff asserts that the Defendant, without permission, installed the concrete packaging and sewerage facilities of this case on each of the instant land, has a duty to remove the instant concrete packaging and sewerage facilities, deliver the said land to the Plaintiff, and pay unjust enrichment equivalent to the rent calculated at the rate of KRW 3,263,020, and the sum of the rent equivalent to the rent from May 1, 2008 to February 28, 2014, calculated at the rate of KRW 48,230, monthly from March 1, 2014 to February 28, 2014.

However, even if the Defendant had installed the existing news block at the request of the residents, the Defendant is in charge of the maintenance and repair after the construction.