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(영문) 수원지방법원여주지원 2019.11.06 2019가단56727
부당이득반환청구
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 345 square meters in Sju-si, indication 1, 15, 16, 17, 18, 3, 4, 19, 20, 21, 22, 10, 10, 345 square meters in the attached Form.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on June 28, 1990 on May 29, 1990 with respect to the 345 square meters in Tonju-si on the grounds of sale and purchase on May 29, 1990, the FF transfer registration was completed on the same day on the grounds of sale and purchase on January 18, 2005. The registration of ownership transfer was completed on November 12, 2007 on the grounds of sale and purchase on November 12, 2007.

B. At present, there are concrete and asphalts installed by the Defendant on the ground of the portion of “A” (hereinafter “instant land”) of 87 square meters on the ground that connects each point of the attached drawings Nos. 1, 15, 16, 17, 18, 3, 4, 19, 20, 21, 22, 22, 10, 11, 13, 14, and 14 among the above land.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1-3, the result of a request for surveying appraisal, the purport of the whole pleadings

2. Determination on removal and request for extradition

A. According to the facts of recognition under Paragraph (1) of the judgment on the cause of the claim, it is reasonable to view that the Defendant occupied the instant land from that time on the ground of the instant land owned by the Plaintiff by installing concrete and asphalt packaging on the ground of the instant land and by serving the general public for traffic.

Therefore, the defendant is obligated to remove the above concrete and asphalt packaging to the plaintiff and deliver the pertinent land to the plaintiff.

B. The summary of the Defendant’s assertion 1) is as follows: (a) the Plaintiff used the instant land as a passage for local residents naturally occurring prior to the acquisition of ownership; and (b) was on the road package; (c) the Plaintiff provided the instant land for the purpose of general public, or waived exclusive use and profit-making rights to the instant land; (b) the owner of the land provided the land for the purpose of general public, such as a road, etc.; (c) comprehensively considered various circumstances, including the details and period of possession, when the owner of the land owns the land; and (d) compared it between the owner’s ownership and the public interest.

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