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(영문) 울산지방법원 2017.01.11 2016가단54758
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is the owner of Ulsan-gun, Ulsan-gun B 497 square meters in dispute.

The land of this case, which is part of the above land, is used as a passage for neighboring land from around 1979.

2. The Plaintiff asserts that the Defendant without any title uses the instant land owned by the Plaintiff as a road without any title, and sought a return of unjust enrichment equivalent to the rent for the said land to the Defendant.

In this regard, the defendant asserted that the plaintiff renounced the exclusive and exclusive right to use the land of this case by providing that the land of this case was created as a road by dividing his own land into a housing site in relation to the Cresh structure project implemented around 1979.

3. Determination

A. The Plaintiff, on July 4, 1979, divided the Plaintiff’s land into KRW 141 square meters, KRW 3,14 square meters, KRW 5,372 square meters, KRW 501 square meters, and KRW 2 square meters in G, and around July 4, 1979, divided the Plaintiff’s land into KRW 494 square meters, KRW 525 square meters before E, KRW 525 square meters before J, KRW 537, KRW 543 square meters before K, and KRW 543 square meters before M., KRW 497 square meters, and KRW 4,875 square meters before E. B, and KRW 147 square meters before E. The Plaintiff divided the Plaintiff’s land into KRW 497 square meters and KRW 547,875 square meters, and the Plaintiff divided the Plaintiff’s land into KRW 30,000 into the Plaintiff’s land and the Plaintiff’s land for structural improvement into KRW 17,97.

The Plaintiff obtained permission for diversion of farmland for the purpose of using D, E, V, G, and H land, an absolute farmland included in the instant project district, as a housing site, for the purpose of using it as a housing site, and among them, as to D and E land.

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