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(영문) 의정부지방법원고양지원 2016.06.10 2014가단7622
비닐하우스철거 및 부당이익반환 등
Text

1. The Defendant’s KRW 247,552 as well as the Plaintiff’s annual rate from January 1, 2014 to June 10, 2016, and the next day.

Reasons

1. Basic facts

A. The Plaintiff is composed of the clan A, and the Defendant was the general director of the Plaintiff clan from January 2005 to November 201, 2012.

B. Goyang-si C, D land (hereinafter “Defendant-owned land”) is owned by the Defendant and adjacent E, F, G, H, I, and J land (hereinafter “Plaintiff-owned land”) is owned by the Plaintiff.

(hereinafter referred to as "the indication shall be omitted and land shall be specified as a route).

The defendant had installed a vinyl house on the land C since before 2008, and part of the vinyl house was extended to part of the land owned by the plaintiff.

In addition, from around 2008, the defendant loaded and used marina sand on the part of the suspension of F and E land, and planted landscaping trees on the boundary of F and E land upper end and road.

On the other hand, H and I land is the so-called “self-convert land” land located between L and M, which is used as a road with K land owned by the Defendant, and the Defendant installed a gate outside the boundary including H and I and occupied the said land.

Plaintiff

around March 2013, the clan surveyed the boundaries of C, E, F, and J land and demanded the return of the land owned by the plaintiff to the defendant possessed by the defendant.

Accordingly, the defendant around that time set up a marinato the land owned by the plaintiff clan E and F, and removed the vinyl house around May 2014.

(e) [Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5, 9, and 10, the result of the on-site inspection by this Court, the purport of the whole pleadings.

2. The plaintiff clan, without any title, asserts that the defendant, without any title, occupied and used the part 1 to d' or h' to d', and H and I land owned by the plaintiff in the E, F, G, and J, and sought a return of unjust enrichment that occurred between January 2013 and December 2013.

As to this, the defendant is the upper part of the C and K land owned by the defendant between the plaintiff clan.

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