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(영문) 의정부지방법원 2017.08.11 2017나203061
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant, 12,457,810 won and 10,000 won among the plaintiff.

Reasons

1. Basic facts

A. F of February 8, 1973, the land division, land category change, and registration relation 1) F of the Republic of Korea is limited to Griri on February 8, 1973 (hereinafter “Gri”).

2) On November 30, 1973, H 838 completed the registration of transfer of ownership with respect to H 838 square meters, H 838 square meters was divided into I 817 square meters (2,701 square meters) and C 21 square meters. The land category of C 21 square meters (69 square meters) was changed to “road” and the land classification of C 21 square meters was changed to “road” on December 1, 1978.

3) On October 26, 1982, A completed each registration for the transfer of ownership with respect to I 2,701 square meters and C 69 square meters, respectively. 4) I 2,701 square meters divided into I 816 square meters and J 1,885 square meters. J 1,885 square meters were again divided into J 1,151 square meters, K 325 square meters, and D 409 square meters on November 2007.

B. The Defendant’s possession and use of land. 1) At least 69m2 C road is used as a road from November 30, 1973 to November 30, 1973 due to a farming road construction project, etc., which is a f9m2 of the Saemaul Project, and currently C road is 69m2 in sequence with each of the items indicated in the attached Form No. 1, 2, 15, 16, and 1 (hereinafter “instant 1m2”).

(2) The portion 1, 16, 17, 5 through 14, and 1 in the attached Form No. 405 square meters connected to the land of this case are currently being used as a road on the ship which connects each point of the attached Form No. 1, 16, 17, 5 through 14, among the D large 409 square meters adjacent to the land of this case, due to the expansion of existing roads, such as C, and the installation of sewerage pipes.

C. On August 4, 2015, when the lawsuit of this case is pending in the court of first instance, the Plaintiff died with L and his/her spouse, who is a spouse. On February 3, 2016, the Plaintiff completed the registration of ownership transfer on the ground of inheritance due to a consultation division as to C road 69 square meters and D large 409 square meters. On February 18, 2016, the instant litigation procedure was taken over.

The rent for each of the lands of this case is as follows: the roads and the site rent for each of the lands of this case shall be as follows.

The rent calculated for the calculation of monthly rent on the basis of the road as of the site standard for the calculation period of rent shall be the fee for the calculation of monthly rent for the instant land.

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