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(영문) 인천지방법원 2020.02.13 2018가단30336
부당이득금반환
Text

1. The defendant shall be the plaintiff.

(a) 1,922,060 won and a rate of 12% per annum from March 12, 2019 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is an owner of B forest land of 5,656 square meters and C forest land of 348 square meters in Incheon Bag-gun.

B. Of the attached land No. 17,18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 9, 10, 11, 12, 13, 14, 15, 16, and 17, the attached land appraisal map among the attached land No. 5,656 square meters of B forest land in Incheon po-gun, Incheon pool-gun, which is linked in sequence to each point of 17, 18, 19, 20, 21, 23, 24, 25, 27, 28, 9, 100, 49, 497 square meters of “bb” (hereinafter “B forest portion”) and 348 square meters of C forest land in Incheon po-gun, Incheon po-gun, and is used by the Defendant for public use through past roads.

(c) When based on the current status of use of each of the above roads, the amount equivalent to the rent under the condition that no deposit exists for the portion of forest land B or for the portion of forest land C from March 12, 2014 to March 11, 2019, respectively, shall be as listed in the following table:

[B] Road Part of the Forest Land] [Road Part of the C Forest Land] / [Road Part of the C Forest Land] / without any dispute, Gap's 2 through 4, Eul's 1 and 2, each of the records of this Court's 1 and 2, the result of the commission of each survey to the Vice-Governor of the Incheon National Land Information Corporation of the Republic of Korea, the result of

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to return the benefits accrued from the use and profit-making of each of the above road sections to the plaintiff, the owner of each of the road sections B and C.

Therefore, the Defendant is obligated to pay to the Plaintiff, ① the sum of unjust enrichment from March 12, 2014 to March 11, 2019, KRW 1,922,060 (i.e., KRW 1,812,660, KRW 109,40) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 12, 2019 to the date of delivery of a copy of the complaint of this case sought by the Plaintiff, and ② as future unjust enrichment from March 12, 2019 to the date of the closure of the Defendant’s road or the date of loss of Plaintiff’s ownership from March 12, 2019 to March 11, 2019 to the date of loss of Plaintiff’s ownership.

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