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(영문) 서울고등법원 2016.12.23 2016나2024077
부당이득금반환등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The court's explanation concerning this case is the same as the written judgment of the court of first instance, except for the court's determination on the defendant's grounds for appeal as set forth in the following 2. Thus, this case is quoted by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendant alleged that the Defendant occupied and used the instant land from June 17, 2010 to the date, and the Defendant denied the occupation and use thereof. 2) According to the fact inquiry reply with the head of Dongjak-gu, the Defendant performed the packing construction work around 1988 on each of the instant real estate, installed the sewage culvert construction work around May 1994, and used it as the road and sewerage system up to the present date. Thus, the Defendant occupied and used it from June 17, 2010, which was sought by the Plaintiffs from June 17, 2010 to June 17, 2010.

B. 1) The Defendant did not have paid the property tax on each real estate of this case, and the real estate of this case was actually used as a road until 30 years have passed after the acquisition of ownership, or did not have followed the relevant legal procedure. The Defendant asserts that the network E admitted the circumstances that each real estate of this case is used as a road by ordinary people, and that the real estate of this case was purchased or purchased after the purchase, and renounced the exclusive use right of this case. 2) In the event that a private land of this case was naturally created through the former or is actually used as a road for public traffic, the owner of the land provided the land as a road and provided it as a road, and thus granted the neighboring residents or the general public the right to free use of the land.

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