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(영문) 대구지방법원서부지원 2019.08.14 2017가단55586
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. ① 1 132 square meters in Daegu-gun District, ② 20 square meters in C road, ③ 33 square meters in D road, ④ 46 square meters in E road, and ⑤ F 68 square meters in total, “each of the instant lands” was “each of the instant lands.” When each of the instant lands is individually named, H owned by G, and H completed the registration of ownership transfer on April 13, 1992 due to the division of inherited property agreement.

B. On June 28, 2015, the Plaintiff purchased the land indicated in the above paragraph (a) from H and completed the registration of ownership transfer for each of the above lands at that time.

C. Meanwhile, each of the instant lands was incorporated into the “Irri Road Corporation,” which was executed in around 1971 by the JAW, and was re- incorporated into the “JAD Corporation,” which was executed by the Busan Regional Land Management Agency in around 1982, and currently used as the speed of entering the road zone at the time of K TAW’s confirmation and packing works in 197, and as the speed of entering the line above the line of KAW.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant, without any title, gains profit equivalent to the rent by building a road on each of the instant land without title and occupying and using it without permission, and the Plaintiff suffered loss equivalent to the same amount. As such, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent from June 8, 2015, which the Plaintiff acquired the ownership of each of the instant land, from June 8, 2015 to June 8, 2015, or from June 7, 2015 to June 7, 2016 to June 59, 849, KRW 718,188 won from June 8, 2016 to June 7, 2016 to June 7, 2016 to June 7, 2017 to June 7, 7, 2017, KRW 7520, KRW 760, KRW 2486,684,685,67.65,684,67.7.20

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