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(영문) 춘천지방법원 2020.02.05 2019가단51624
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is each land owner who completed the registration of ownership transfer under the receipt of No. 7131 on November 22, 2018 with respect to land of Yang-gu District Court C, D, E, and F in Gangwon-do, and each of the above land owners who completed the registration of ownership transfer under the receipt of No. 1335 on March 8, 2016 by the same registry office.

(hereinafter referred to as the “instant real estate”). The Defendant owns the instant land in Yang-gu, Gangwon-do.

B. Part (B) of the instant real estate [the part indicated in the purport of the claim: 25,13, 14, 24, and 15] among the real estate in this case: (a) part (b) in the ship connected each point of 25, 13, 14, 24, and 15 in sequence; and (b) part (e) connected each point of 19,20, 21, 13, 26, 18, 9, 19, among the 160 square meters of D miscellaneous land in sequence, the part (e) connected each point of 73 square meters in sequence; (b) part (g) connected each point of 21,22, 14, 13, and 21 square meters in order among the 370 square meters in Yang-gu, Gangwon-do; (c) part (g) connected each point of 222, 23, 15, 14, and 224 square meters in the Plaintiff’s number of land.

Village residents used the paths formed in the above real estate as a passage for contribution, and the above paths were changed into cement packing as part of the Village Support Project in 2000.

(hereinafter referred to as the “instant passage”) a passage formed on the instant real estate.

On the other hand, in the vicinity of the instant land as part of the Village Support Project in 2014, the Gangwon-do Yang-gu K and Lo ground entry control roads were changed into concrete packaging roads, and village residents were able to enter into the national highways by using the above entry control roads.

The Plaintiff’s access to the road of this case against the Defendant on the ground that the Defendant entered the road of this case.

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