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(영문) 서울중앙지방법원 2015.11.27 2013가단20937
부당이득금반환
Text

1. The defendant against the plaintiffs

(a) A line with the attached appraisal map installed on the land of 537.9 square meters in Gangnam-gu Seoul Metropolitan Government.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiffs are the land in this case since June 25, 2002, Gangnam-gu Seoul Metropolitan Government D 537.9 square meters (hereinafter “instant land”).

A) Plaintiff A shares 75/100, Plaintiff B shares 15/100, and Plaintiff C shares 10/15. The Plaintiffs share the three-story building on the instant land as above shares. The Plaintiffs share the same as the above shares. (2) Since January 25, 2003, 10 years prior to the filing date of the instant lawsuit, the Defendant installed electric poles, oriental boxes, and electric wires on the instant land and supplied electricity to the neighboring areas.

3) The Defendant set up electric wires in the part of the instant land, which connects each point of the attached marks 7, 9, 6, and 7, on the instant land, to the part of the main body connected in order to each point of 10-17, and 10 each point of the attached marks 10-17, and 10, to the part of the dial area connected with the said appraisal map, and to the portion of the main body connected in order to each point of 18-21, and 18. The Defendant shall set up electric poles, Han electric boxes, and electric wires

(2) Of the instant land with installation, the part of the instant land, 1.1 square meters [2.0 m20 m20.5 m20 m2,000 m2,000 m2,000 m2,000 m2

[A] The possession and use of evidence Nos. 1-2 and 2, the result of the survey and appraisal conducted by appraiser E, and the purport of the whole pleadings based on the recognition

B. 1) According to the facts found as above, as long as the Defendant did not have the right to possess the instant land, the Defendant is obligated to remove the instant electric facilities and deliver the instant land portion to the Plaintiffs. 2) The Defendant is obligated to pay the Plaintiffs unjust enrichment equivalent to the rent due to the possession and use of the instant land, according to the calculation of unjust enrichment (1) Party A’s evidence 5-2, according to the following: (a) the Plaintiffs’ statement is as to unjust enrichment (1) from January 25, 2003 to September 30, 2015, which the Plaintiffs sought as the instant lawsuit, the rent for the amount of 15 square meters out of the instant land, from January 25 to September 30, 2015.

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