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(영문) 제주지방법원 2018.02.27 2017가단58061
부당이득금
Text

1. The defendant,

A. 451,200 won and a rate of 15% per annum from December 23, 2017 to the date of complete payment to Plaintiff A.

Reasons

1. Basic facts

A. On May 26, 1971, Plaintiff A completed the registration of transfer of each of the instant land on July 28, 1977, and Plaintiff C completed the registration of transfer of ownership as to the instant land on February 13, 1976, according to the sequence in the separate sheet No. 1 (hereinafter referred to as “the instant O land”), and each of the lands listed in the separate sheet No. 1 (hereinafter referred to as “each of the instant lands”).

B. On December 10, 1982, the land of this case was a road from forest land to forest land, and the land of this case was a road from orchard on December 29, 198 to a road, and the land category of this case was changed from forest land to forest land on December 31, 1976.

C. From the time of the above land category change to the present day, the Defendant occupied and managed each of the instant land by providing general public with traffic and passage.

[Ground of Recognition] A without dispute, each entry and video of Gap evidence 1 to 3 (including each number), the result of the commission of appraisal to appraiser D by this court, the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the above facts of recognition as to the cause of the claim, the defendant provided each of the lands of this case as a passage to the general public and obtained profits from the use of each of the lands of this case by occupying and using them, and thereby suffered damages equivalent to the same amount from the plaintiffs. Thus, the defendant is obligated to return the amount equivalent to the rent of each of the lands of this case to the plaintiffs, who are the owners of each of the lands

B. The Defendant asserts that the Defendant did not raise any objection to the Defendant, despite being aware that each of the instant lands was used as a road site, as to the Defendant’s argument regarding the waiver of exclusive use right, so the Plaintiffs asserts that no damage has occurred to the Plaintiffs by waiver of exclusive use right and exclusive use right of each of the instant lands.

From the beginning, any private land is the first.

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