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(영문) 제주지방법원 2016.08.16 2015가단54966
부당이득금
Text

1. The defendant,

A. In the case of Plaintiff A, B, C, D, and E, in Jeju-si, the attached map Nos. 14, 15, 16, 17, 18, 19, 13, among the area of 4,728 square meters in G.

Reasons

1. Basic facts

A. With respect to the shares of the Plaintiff C and D on September 23, 198, as well as the shares of the Plaintiff C and D on September 4/34, 198, as to the shares of the Plaintiff A, B, and E on August 24, 1998, the shares of the Plaintiff A, B, and E, 8/34, and 8/34 shares, and the shares of the Plaintiff C were jointly owned by the Plaintiff F on March 29, 2013, and the shares of the Plaintiff C were jointly owned by the Plaintiff F on March 4/34, 200. The shares of the Plaintiff C were jointly owned by the Plaintiff F on March 29, 2013 ( Jeju District Court Decision 2013Ga1361) and the shares of the Plaintiff C: 10D/30, the shares of the Plaintiff C/30, the shares of the Plaintiff C/30, the shares of the Plaintiff C/30, the remaining shares of the Plaintiff C/38:30, the shares of the Plaintiff.

B. Of the G land divided as above, the portion (B) sizeed in the line with each point of 14, 15, 16, 17, 18, 19, 13, and 14, among the said divided G land, and the portion (D), which connects each point of 14,24, 23, 25, 26, 15, 15, and 14, among the said divided G land, with each point of 50 square meters in sequence, among the said divided G land, is occupied and managed by the Defendant as it is used as a road provided for the general public in the state of cement packing, along with 61,97 square meters adjacent to the State owned by the Republic of Korea.

[Ground of recognition] A without a dispute, each entry of Gap evidence 1 through 5 (number omitted), the result of the verification by this court, the result of the survey and appraisal by the appraiser J, and the purport of the whole pleadings

2. According to the above facts of recognition as to the primary cause of claim, the defendant is obligated to remove cement packaging roads installed on the ground to the plaintiffs, the owner of each part of the land of this case, and deliver each part of the land of this case, unless there is a legitimate title to possess each part of the land of this case.

3. Judgment on the defendant's assertion

(a)exclusive and exclusive rights to use and benefit;

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