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(영문) 서울동부지방법원 2019.10.30 2019나25686
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 690 square meters in Namyang-si, E, E, 97 square meters (hereinafter referred to as “all land”) and 690 square meters in size prior to L, since each land is located in V in Nam-si, Namyang-si.

B. Of E’s land, the portion of the attached Table 1, 2, 34 through 40, 8 through 15, 44, 43, 42, 41, 18 through 24, and part of the attached Table 12, 25, 26, 27, 51, 50, 49, 48, 47, 46, 45, 33, 15, 14, 13, and 12 connected with the attached Table 12, 25, 26, 27, 51, 50, 49, 48, 46, 46, 45, 33, 15, 14, 13, and 470 square meters (hereinafter collectively referred to as “the road of this case”) among the neighboring PP kindergartens, Q middle schools, etc. are used as the “O entry.”

C. Among E’s land, the portion on the ship (c) part 27 square meters and the portion on the attached Table 45 through 51, 28 through 32, and 45 attached hereto, which connects the attached Table 41 to 44, 16, 17, and 41, among E’s land, with the appraisal of the attached Table 45 to 27 square meters and the attached Table 45 to 51, 28 through 32, and 45 are collectively referred to as “the instant ditch,” and the combined part of the instant road and the instant ditch are referred to as “each of the instant land”).

On October 2, 1997, the Defendant designated and publicly announced 489 square meters among E land and 682 square meters among L land as a small river under the Small River Maintenance Act, including the ditch part in this case.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, and 3 (including each number), each of the items and images, and the result of the first instance court’s request for the measurement and appraisal of the remaining Yangyang-gu storage store, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion is that the Defendant occupies, uses, and benefits from each of the instant lands owned by the Plaintiff without legitimate title. As such, the amount equivalent to the rent for each of the instant lands from February 7, 2013 to December 10, 2018, totaling KRW 72,638,00 and KRW 645,405 each month from December 11, 2018 to the completion date of delivery of each of the instant lands.

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