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(영문) 의정부지방법원고양지원 2014.10.16 2014가단59098
부당이득금
Text

1. The defendant shall be the plaintiff.

A. Of the land listed in the separate sheet, each point of the separate sheet Nos. 1, 2, 3, 4, and 1 shall be in sequence.

Reasons

1. Facts of recognition;

A. On February 195, the Defendant purchased each of the 12m2 and 261m2 in Gyeyang-gu, Seoyang-gu, Seoyang-gu, the Plaintiff owned for the construction of the sewage collection pipe for the Hansan River System.

B. However, the Defendant, rather than the above B and C land around February 1995, has occupied the above sewage pipe up to the present day by laying the sewage pipe up on approximately 3 meters underground of the part on the ship connected with each point of 1, 2, 3, 4, and 1 of the annexed drawings among the land listed in the annexed sheet owned by the Plaintiff, in sequence, among the land listed in the annexed sheet owned by the Plaintiff.

C. Rent from June 18, 2008 to June 17, 2013 for underground sewage pipes of the instant land is 526,710 won [1,100 won + 1,020 won + 1,080 won + 1,090 won + 1,090 won + 1,140 won] x 97 square meters], and rent from June 18, 2013 to May 14, 2014 is 96,760 won (i.e., 1,100 won x 97 square meters x 331/365 days x less than won, hereinafter the same shall apply].

[Ground of recognition] A without dispute, Gap evidence Nos. 1-3 (including additional numbers), Eul evidence Nos. 1-4, the result of this court’s request for survey and appraisal of intellectual property rights to appraiser D, the purport of the whole pleadings

2. The ownership of the land determined as to the cause of the claim extends under the upper part of the land within the scope of legitimate profits (Article 212 of the Civil Act). According to the above recognition, the defendant, without title, violates the Plaintiff’s land ownership by laid the sewage pipe in the instant part of the land without title. Therefore, barring any special circumstance, the plaintiff is obligated to remove the sewage pipe laid underground in the instant part of the

In addition, the defendant's possession of the above sewage pipes from June 18, 2008 to May 14, 2014 (=526,710 +96,760 won) and as to the plaintiff's unjust enrichment amounting to the rent amounting to 623,470 won (=526,710 won +96,760 won), the following day after the delivery date of the application for modification of the purport of the claim of this case and the cause of the claim of this case, which is deemed reasonable to dispute about the scope of the defendant's obligation to perform from May 21, 2014 until October 16, 2014, is stipulated under the Civil Act.

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