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(영문) 대전지방법원서산지원 2016.11.25 2016가단50551
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 12, 2007, the process of voluntary auction was commenced on March 12, 2007 at the request of the Anti-Do Credit Cooperatives, a mortgagee, with respect to the Plaintiff’s share of 14/20 of 223 square meters of forest land B in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and 128 square meters of D forest land. The Plaintiff purchased 14/20 of the entire land B and the above D land on December 26, 2007 during the said voluntary auction procedure.

② On August 27, 2008, the Plaintiff completed the registration of ownership transfer based on sale under its name with respect to the remaining 6/20 shares out of D land.

③ On the other hand, on May 31, 201, the Plaintiff divided the portion of the said D’s land, which was actually used as a road, into 83 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

(hereinafter referred to as the above land B and the above land C are “each of the instant land”).

The current status of each land of this case ① The land of this case, the forest land of 57m2, the forest land of 57m2, the G forest land of 764m2, from 1960 to the village residents and merchants, have been naturally used as the roads of residents in the nature, in order to distribute fishery products, such as fish and shellfish produced at H.

② The above lands were supported by cement and aggregate from Seosan-gun (which was separated by the Defendant from Seosan-gun on January 1, 1989) as part of the Saemaul Project in around 1970 and around 1980, resulting in the present shape by the village residents.

③ Around 2002, the Defendant performed the construction of renovation and repair works for small-scale waterworks facilities on the above land. Around 2007, at the request of the residents due to the deterioration of the existing road packaging state, the road packaging work was carried out to cover the container over the above land.

[Reasons for Recognition] 1-1, 2, 3-3, 4, 5, 6, 4-1 through 3, 5-1, 5-1, 8-3, 4, 5-4, 84 through 86, 89, 91, 2-2, 3, 4-2, 4-3, 4-4, 5-1, 5-2, 5-2, 5-3, 5-4, 13-1, 1, 1, 2, 3, 4-4, and 5-3, 54, 84 through 86, 89, 91, 2-2, 2, 3, 4-2

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