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(영문) 수원지방법원여주지원 2019.10.08 2018가단6930
손해배상등
Text

1. The defendant is against the plaintiffs:

(a) deliver each of the D 7 m2 and E 2 m2 m2,00 m2,000,000

(b) 84,405 won and its corresponding;

Reasons

The Plaintiffs are divided into G forest 230 square meters on July 25, 2018, G forest 200 square meters on September 9, 2009. The Plaintiffs are divided into H 439 square meters on July 25, 2018 (hereinafter referred to as “each of the instant lands”) and completed the registration of transfer of ownership by 1/2 shares on each of the following occasions:

The Defendant has occupied and used each of the above land as a road before the Plaintiffs acquire the ownership of each of the instant land.

With respect to each land of this case, unjust enrichment equivalent to the rent that occurred from November 20, 2013 to April 12, 2019 is a total of KRW 168,810.

From April 13, 2019 to April 13, 2019, monthly rent is KRW 1,207 for D land (hereinafter the same shall apply) and KRW 345 for E land.

[Reasons for Recognition] Fact-finding without dispute, Gap evidence Nos. 2, 3, 5, and 6, the appraisal result of this court's appraiser F, and the appraisal result of this court's appraiser F, according to the above finding facts as to the ground for claim of the whole pleadings, the defendant has a duty to deliver each of the lands of this case to the plaintiffs, unless there

(2) In addition, the Defendant is obligated to pay to the Plaintiffs unjust enrichment, the amount calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 17, 2019 to the day of delivery of a copy of the application for the change of claim and its claim, as the Plaintiffs seek after September 9, 2009, the amount calculated at the rate of 1,207 won per month from April 13, 2019 to April 13, 2019, and the amount calculated at the rate of 345 won per month from April 13, 2019 to April 13, 2019 to the day of delivery of D land.

As to this, the Defendant inflicted damages on the Plaintiff as long as each of the instant lands is used as a public road.

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