logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.08.10 2018가단12317
손해배상(기)
Text

1. The Defendant’s respective KRW 7,004,360 for Plaintiff A, B, and C, and KRW 21,013,080 for Plaintiff D and each of them from April 27, 2018.

Reasons

1. Basic facts

A. The Plaintiffs’ mother E purchased YF on February 20, 1924 (hereinafter “instant land”) and completed the registration of ownership transfer on March 3, 1924.

B. On May 7, 1995, E died, and on May 7, 1995, the Plaintiff A, B, and C completed the registration of ownership transfer on August 4, 2015 with respect to the 1/6 shares of each of the instant land and 3/6 shares of Defendant D’s 3/6 shares of each of the instant land.

C. On December 28, 1927, the Defendant changed the land category of the instant land from the site to the road. D

On April 18, 2017, the Defendant completed the registration of ownership transfer on the same day as the land was acquired through consultation.

E. From May 1, 2012 to April 30, 2017, rent under “site” which is the original land category of the instant land is as follows.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Eul 1 evidence, the result of appraisal of rent by appraiser G, the purport of the whole pleadings

2. Determination of the parties' arguments

A. According to the above facts finding as to the cause of the claim, the defendant obtained a profit equivalent to the profit from the use of the land of this case by occupying and using the land of this case as a road, and thereby incurred a loss equivalent to the same amount to E who is the owner of the land of this case. Thus, barring any special circumstance, the plaintiff is obligated to return unjust enrichment equivalent to the profit from the use of the land of this case to E, the heir

B. The Defendant’s assertion as to the Defendant’s assertion was owned 196 square meters in 1927, the Plaintiff divided the above land into I, J, and K, and provided the instant land to the public by changing the land category of the instant land from the site to the road. From 1930 to 1931, the Defendant constructed the instant land to I, an adjacent land, which was an urban planning facility in 1938, and the Defendant issued a decision notification as to the instant land. Accordingly, E is exclusively and exclusively responsible for the instant land.

arrow