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(영문) 대전지방법원 2016.09.21 2014가단44625
토지인도 등
Text

1. The Plaintiff:

A. Defendant B shall indicate the annexed drawing Nos. 9, 10, 11, 12, 13, among the land for a factory G 1,878 square meters of Sejong Special Self-Governing City.

Reasons

1. Basic facts

A. On April 30, 2010, the Plaintiff completed the registration of transfer of ownership on the ground of donation on April 29, 2010, with respect to G factory site of Sejong Special Self-Governing City owned by H, its husband, from August 29, 2005 (hereinafter “instant land”).

B. Defendant B owns land and its ground, Defendant C’s land, Defendant D’s land, Defendant D’s land, Defendant E’s land, and Defendant F’s land, respectively.

C. At around 2008, Defendant B opened a road on the ground of 146 square meters on the part inside the ship connecting each point of the instant land, among the instant land, in line with the indication of the Map No. 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 9 (hereinafter “the part of the instant dispute land”).

From the time of the construction of the above road, the defendants used the part of the dispute land of this case as the passage to the land or building owned by them.

E. On July 18, 2016, H transferred the Defendants’ claim for return of unjust enrichment equivalent to the rent incurred from the Defendants’ possession and use of the land in the instant dispute while H owned the instant land, and notified the Defendants of the said transfer on July 19, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 9, 11, 12, 13, 14, and Eul No. 1 (including each number), the result of the on-site verification by this court, the result of the appraiser’s survey and appraisal, the purport of the whole pleadings

2. The parties' assertion and judgment

A. At the first instance party’s assertion, the Defendants (the Defendants) opened a road on the part of the land in the dispute of this case owned by the Plaintiff, followed by concrete packaging, and occupied and used the said part without any title.

Therefore, the Defendants remove concrete on the ground part of the dispute land of this case, deliver the above part of the land, and the Defendants receive money from January 1, 2009 to the completion of delivery of the above part of the land from January 1, 2009 to the completion of delivery of the above part of the land, or from the date of loss of the Plaintiff’s ownership.

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