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Reasons
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(영문) 광주지방법원 2019.04.05 2018나58942
부당이득금
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. On February 17, 1992, the Plaintiff completed the registration of transfer of ownership on the ground of sale on January 10, 1992, with respect to the land of 110 square meters (hereinafter “instant land”).

B. On April 2007, the Defendant laid urban gas pipelines (hereinafter “instant pipelines”) on some underground of the instant land, such as the indication of the attached drawing.

C. On July 24, 1959, the land category of the instant case was changed from the paddy field to the road, and since then, it was actually used as the road. The entire area of the instant land was packaged as a mentmen concrete around 1994 and used as the roadway and delivery.

Purport of claim

1. Nam-gu, Gwangju Metropolitan City shall pay to the Plaintiff KRW 415,00 among the above amounts of KRW 2,075,00 and KRW 415,000,000 to the Plaintiff; KRW 415,00 from December 23, 201; KRW 415,00 from December 23, 2012; KRW 415,00 from December 23, 2013; KRW 415,00 from December 23, 2014; KRW 415,00 from December 23, 2014; KRW 415,00 from December 23, 2015; and KRW 5% from the following day to December 22, 2016 to the full payment date.

2. The Nam-gu Gwangju Metropolitan City shall pay to the Plaintiff an amount equivalent to KRW 415,00 per annum to the Plaintiff at the rate of KRW 415,00 per annum from December 23, 2016 until the completion date of occupation by each Defendants or the day of the Plaintiff’s loss of ownership.

Decisions

1. The Nam-gu Gwangju Metropolitan City shall pay the Plaintiff the amount of KRW 2 million up to July 31, 201 with unjust enrichment from December 23, 2011 to December 22, 2016 for the land of this case, until July 31, 2017, and shall pay the Plaintiff money at the rate of KRW 415,000 per annum from December 23, 2016 to the end of the day when the occupation of the Nam-gu Gwangju Metropolitan City or the day when the Plaintiff loses the Plaintiff’s ownership. If the payment is delayed, the payment shall lose the benefit of the deadline and shall be made by adding damages for delay calculated at the rate of KRW 15% per annum from the day following the day when the remaining-gu Gwangju Metropolitan City loses the benefit of the due date to the day of full payment.

2. The plaintiff's remainder.

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