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(영문) 서울서부지방법원 2020.12.09 2017가단208075
부당이득금 등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. (1) On July 30, 1982, the Plaintiff is deemed to be the Furri of the Gyeonggi-gu Sports Promotion (hereinafter “Furri”).

(E) 10,314 square meters of forest land E (hereinafter “1 land”)

(3) In the event that the Plaintiff refers to “each of the instant lands” and “each of the instant lands” and “each of the instant lands” and “each of the instant lands” and “each of the instant lands” and “each of the instant lands,” respectively.

(2) Defendant B, on December 17, 1990, was granted a permit to occupy and use a G river on a scale of 4,417 square meters from the head of Dong-gu Gun on July 17, 1982, and completed the registration of ownership transfer on the ground of donation as of July 30, 1982. Defendant B, who leased part of G river 4,417 square meters (owner: Korean hydroelectric Power Plant Co., Ltd.) from J 1, and leased part of G river 4,417 square meters (owner: Korean hydroelectric Power Plant Co., Ltd.) and leased part of G river 860 square meters (owner: Korean) and is a person who conducts entrusted education, training and services with the trade name of “L (M).”

Defendant C is the owner of N 3,600 square meters, O 1,107 square meters.

B. Of each land of this case, approximately 180 square meters in part (A) is being used as a road, each of which is successively connected to each of the items in Annex A, B, c, d, e, f, g, h, i, j, k, l, m, n, n, o, and A.

(hereinafter referred to as “instant road”). C.

The Plaintiff filed a lawsuit against Defendant B and I seeking transfer of land, etc. under the Seoul Western District Court Decision 2016Gadan24661, Q24, Q28 square meters, which is part of the road (the part of P) that connects each of the instant lands and the public services, on March 8, 2019. However, the said court rendered a judgment dismissing the Plaintiff’s claim for transfer of land, etc. on the grounds that the previous owner of the land renounced exclusive right to use and benefit from the land for the dispute portion on March 8, 2019, and that the Plaintiff did not seek transfer of land, etc. against the said Defendants insofar as the Plaintiff consented to or succeeded to the land with the knowledge of such circumstance.

Although the plaintiff appealed, the appellate court filed the plaintiff's appeal on June 19, 2020.

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