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(영문) 의정부지방법원 2019.07.09 2018가단113652

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. (1) On May 24, 1990, Nonparty F obtained permission to change the form and quality of land in Pyeongtaek-si G forest land 4,463 square meters in order to construct a tenement house.

D. On August 25, 1990, registration conversion, land division, and land category change was completed as follows, at the request of Nonparty H.

G forest land registration conversion status G 4,463 square meters 4,268 square meters 1,268 square meters 1,263 square meters 4,263 square meters 1,65 square meters 43 square meters 1,68 square meters 638 square meters 638 square meters m2, E-road 1,668 square meters m2, and Non-party P Co., Ltd. (representative F) constructed a apartment house (J building) on the ground of I and obtained approval for use on April 191. < Amended by Act No. 4334, Apr. 19, 191>

B. (1) Each land is located in the order of I (J building site), D, L (J building Mdong site), E, N (O housing site) and S (TBL site) between the small Qu line and medium RR line managed by the Defendant.

I DD ENS, that is, D roads are located on the front side of the J Building, and the roads are located on the front side of the J Building M.

The occupants of the Doll J building are entering the route Qu line using the roads D and E, and are also using it as a parking lot.

C. (i) On August 5, 2003, E-road 1,668 square meters left by means of multiple partitions, and finally, on August 5, 2003, E road 326 square meters remain.

D. P, on December 3, 1990, completed the registration of ownership transfer on D-road 434 square meters and E-road 326 square meters.

On March 20, 2013, the Plaintiff acquired ownership of 805/834 square meters of D-road 434 square meters and E road 326 square meters.

In each of the roads of this case, a water supply and sewerage management officer is laid underground, such as the entries in the preliminary claim.

The defendant established a water supply center around 1992, and installed a water supply center around 2010.

E. (i) On May 27, 2013, the Plaintiff filed a claim against the Defendant for restitution of unjust enrichment on the roads, following the completion of the registration of transfer of ownership on each of the roads of this case.

(Seyang District Court 2013 Ghana515083). At the time, the plaintiff is at the time.