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(영문) 서울북부지방법원 2014.02.05 2013가합20308
부당이득금
Text

1. The Defendant’s KRW 170,763,076 for the Plaintiff and KRW 5% per annum from March 27, 2013 to February 5, 2014.

Reasons

1. Basic facts

A. On November 23, 1970, C completed the registration of ownership transfer on the ground of sale and purchase on November 2, 1970 with respect to the land of this case and the Plaintiff’s acquisition of ownership. 2) On October 31, 1985, the registration of change was completed on October 31, 1985, with respect to the land of this case, the indication of which was changed to the 2,106 square meters of rivers E-gun, Namyang-gun, Nam-gun, and the 2,081 square meters of land and the 25 square meters of a river of f.25 square meters of land (hereinafter “F land”).

3) On July 11, 1986, the area of a river of 2,081 square meters in Namyang-gun E was divided into a river of 1,780 square meters and a G river of 301 square meters according to the Farmland Improvement Act. 4) H purchased from C on October 22, 1987 the area of a river of 1,780 square meters in Namyang-gun E-gun (hereinafter “land before subdivision”) and completed the registration of ownership transfer on November 9, 1987.

5) The Plaintiff purchased the land before subdivision from H on November 15, 1996 and completed the registration of ownership transfer on December 12, 1996. 6) The land before subdivision was divided into B river 1,003 square meters and I river 77 square meters on April 19, 2004. On August 5, 2005, the land category of B river 1,003 square meters in Namyang-si, Namyang-si (hereinafter “instant land”) was changed to a building area of building on August 5, 2005 to a building area of building area of 940 square meters in Nam-si and JJ large 63 square meters.

B. 1) Construction of irrigation channels 1) The Pakistan Farmland Improvement Association shall obtain authorization for the implementation of the K District Agricultural Water Development Project under the former Agricultural Community Modernization Promotion Act (repealed on December 29, 1995) on November 7, 1978 and obtain authorization for the implementation of the project for the K District Agricultural Water Development Project, and the part of the attached drawing (b) part (b) and 38 square meters (hereinafter “b) of the land in this case.

[The construction of a water channel on the ground was commenced and completed on December 20, 1985 (hereinafter “instant water channel”).

2) The Plaintiff did not use or benefit from the instant land due to the instant water usage, as the access to the portion of 403 square meters (hereinafter “three-dimensional”) indicated in the separate drawings among the instant land is restricted.

C. The defendant's rights and obligations concerning the water use of this case as well as concerning the water use of this case for which the succession of duties is made shall be done on August 6, 1991.

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