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(영문) 의정부지방법원고양지원 2015.05.14 2013가단26749
부당이득금반환
Text

1. Defendant Goyang-si shall pay 13,88,684 won to the Plaintiff, and 20% per annum to the day of full payment from August 1, 2013 to the day of full payment.

Reasons

1. Basic facts

A. On April 11, 2005, the Plaintiff acquired ownership of each of the lands listed in the separate sheet (hereinafter “each of the instant lands”), and only the lands listed in the separate sheet No. 1, as indicated in the separate sheet No. 1, and only the lands listed in paragraph 2, as indicated in the separate sheet No. 2 (hereinafter “instant land”).

B. Of each of the instant lands, the portion (B) of the attached Table 19, 18, 17, 16, 15, 14, 13, 12, 11, 30, 29, 28, 27, 26, 25, 24, 23, 22, 21, 20, 20, and 19 shall be 31, 19, 20, 34, 32, 32, and 31; the portion (D) of the attached Table 19, 17, 22, 67, 65, 54, 53, 52, 52, 50, 561, 364, 97, 97, 97, 97, 97, 965, 165, 165, 365, 196, 365, 164, 24, 25.

C. In addition, around that time, Defendant Goyang-si installed drainage facilities (hereinafter “the instant drainage facilities”) on the part of 57 square meters in the ship (f), which connects each point of the attached Table No. 42, 49, 48, 47, 46, 45, 44, 43, and 42 with the attached Table No. 42, 49, 48, 47, 46, 45, 44, 43, and 42, and around around 203, the instant road was

Defendant Goyang-si, around July 2005, laid underground water supply pipes of the total length of 87.16 meters and area of 5.47 square meters on the underground of the part of the instant road among the land No. 1 of this case.

E. Around December 2010, Defendant Seoul Urban Gas Co., Ltd. (hereinafter “Defendant Seoul Urban Gas”) installed urban gas pipelines of a total area of 6.5 square meters on the underground surface of the instant road portion among the instant land among the instant land No. 1, and installed urban gas pipelines of a total area of 2.7 square meters on the underground surface of the instant road portion among the instant land No. 2.2.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-2, Gap evidence 2-1, 2-2, and Gap.

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