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(영문) 수원지방법원여주지원 2019.08.08 2018가단51275
부당이득금
Text

1. The defendant shall be the plaintiff.

A. From March 13, 2018 to May 31, 2019, KRW 1,263,780 and KRW 1,263 among them.

Reasons

1. Facts of recognition;

A. On December 9, 1987, E, the Plaintiff’s mother, completed the registration of ownership transfer on the ground of sale on December 2, 1987, with respect to D-road 476 square meters (hereinafter “instant land”).

B. On March 6, 1986, the land category of the instant case was changed from forest land to forest land. From 1984 to 1986, the land category was changed as a result of the incorporation into national highways or City/Do by road construction works, and thereafter, the land category was changed as above. Since then, the Defendant managed the land as a road, which was provided for public traffic.

C. From March 5, 2013 to March 4, 2019, the sum of rent for the instant land without a security deposit, based on the fact that the status of use as at the time of incorporation into a road is forest is equivalent to 3,117,800 won (the sum of rent up to March 4, 2018, which was before the instant lawsuit was filed, is 2,527,560 won). The monthly rent after the said period is equivalent to 50,932 won.

E Deceased on August 25, 2012, the Plaintiff and F, his/her child, inherited his/her property, and the Plaintiff completed the registration of ownership transfer on September 14, 2018 for one-half portion of the instant land due to inheritance on August 25, 2012.

[Evidence Evidence: Evidence No. 1 to 16 (including paper numbers; hereinafter the same shall apply)

(i)each description or image of this Court, the result of a request for appraisal of the fees for expert G of this Court, and the purport of the entire pleadings]

2. Determination on this safety defense

A. As to the Plaintiff’s claim of this case, the Defendant asserts that the instant claim should be dismissed, since the Plaintiff did not own ownership to the land of this case and the inheritance right is not verified.

B. However, in a lawsuit for performance, the person who asserts that he is the performance right holder is qualified as the plaintiff. Thus, the above grounds of the defendant's assertion are only the grounds to be judged as whether he is a claim within the merits, and it is not a matter to be determined as the party's standing to be a party to safety

3. Judgment on the parties' arguments

(a)the cause of the claim;

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