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Reasons
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(영문) 제주지방법원 2018.10.04 2017가단57303
부당이득금
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1. The Defendant: (a) KRW 762,853, respectively, to Plaintiff A, B, C, D, and E; (b) KRW 6,269,490, respectively, to Plaintiff F and G; and (c) KRW 9,404,239, respectively.

Reasons

1. Facts of recognition;

A. On August 21, 1981, 1981, i.e., the land listed in the attached list 1 (hereinafter “instant land”). 2) The instant land had been registered for preservation of ownership as to the instant land 1 on August 21, 1981. The original land category was “B,” but the Defendant determined a road zone on May 30, 1981 as to the surrounding areas including the instant land, and had road expansion work performed, and the land category was changed to “road” on June 17, 1982, and the Defendant used it as a road from that day to that day.

3) On April 25, 2005, I died on April 25, 2005, I succeeded to the property of Plaintiff A, B, C, D, and E, who is a lineal descendant of I.

5) The rent from July 22, 2012 to January 12, 2018, calculated on the assumption that the instant land was used as “previous” is KRW 3,814,25, and the rent from January 13, 2018 is equivalent to KRW 96,405,00 per month. (b) Land 2 as indicated in the attached Table 2 (hereinafter “instant land”).

1) On March 14, 1981, J completed the registration of ownership transfer on the land of this case on the ground of sale.

2) The land category of this case 2 was originally classified as “water source,” but since around 1973, the Defendant, as incorporated the instant land into an existing road and used it as a public road, the land category was changed to “road” on December 24, 1973, and the Defendant used it as a road from the business day to the present day. 3) The J died on April 12, 2002.

4) Plaintiff F and G, who are the spouse of J, succeeded to the property of J. 5) The rent for the instant land from July 22, 2012 to January 12, 2018, computed at the assumption that the instant land was used as “water sources” is KRW 21,943,219, and the rent for the period from January 13, 2018 is equivalent to KRW 507,313 per month.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 6 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 and 2, each of the records or images, the result of the court's entrustment of a discretionary appraisal with K, the purport of the whole pleadings

2. Determination;

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