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(영문) 의정부지방법원 2018.11.09 2018가단106265
토지사용료 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 10, 1999, the Plaintiff purchased 46 square meters of the Dongducheon-si D road (hereinafter “instant land”) from E and completed the registration of ownership transfer on February 11, 199.

B. (1) Defendant B purchased from F on July 6, 201, G 2,398 square meters from Dongducheon-si, Dongcheon-si, and completed the registration of ownership transfer on September 2, 201. (2) Defendant C purchased from H on June 15, 2005 the Icheon-si 591 square meters and completed the registration of ownership transfer on June 17, 2005.

C. The Defendants are using the instant land and the same as the Defendant C’s access to a road with the area of 33 square meters and the area of 45 square meters as the J-si, Y-si, J-si, and K-owned L road as one road.

(Specific position and form shall be see Attached Drawings). / [The grounds for recognition] The entry in Gap evidence Nos. 1, 2, 3, 6, 9, 10, Eul evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The assertion and judgment

A. The Defendants asserting that the Plaintiff’s assertion is obligated to return the amount equivalent to the profits used to the Plaintiff as unjust enrichment, since they gain profit equivalent to the profits from the use of the instant land by occupying and using the instant land as a road site, and thereby inflict loss on the Plaintiff, who is the owner.

B. 1) The Defendants’ assertion 1) The original owner Eul renounced exclusive and exclusive rights to use the instant land, and the Plaintiff also purchased the instant land with the knowledge of the fact that it is offered for the passage of the general public. As such, the Plaintiff’s claim of this case is unjustifiable. 2) The Duducheon City designated the instant land as a road and maintained it. Thus, the occupant of the instant land is not the Defendants but the walcheon City.

(c) the original owner of the land, without compensation, waives his exclusive exclusive right to use and benefit from the land by providing part of the land as a road site, and accordingly, the resident has passed the land without compensation and thereafter the ownership of the land.

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