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(영문) 수원지방법원여주지원 2015.12.17 2014가단2237
부당이득금반환
Text

1. The Defendants jointly do so to the Plaintiff:

(a) As regards KRW 4,040,550 and among them, KRW 3,255,579, respectively, from March 22, 2014 to KRW 3,255,579.

Reasons

1. Basic facts

A. On April 2, 1962, the Plaintiff’s father B completed the registration of ownership transfer with respect to the real estate indicated in the attached Form (hereinafter “instant land”) and the Plaintiff completed the registration of ownership transfer on February 21, 1969 as the Plaintiff died on February 21, 1969.

B. The instant land is part of a local highway C, which was approved on February 1, 1968 on the route of the general public, and was publicly announced on October 30, 1995 as a local highway D, and the determination of a road zone was publicly announced on March 28, 2005 as a local highway E (the alteration).

(c) The Gyeonggi-do Ordinance on Delegation of Administrative Affairs shall include the following:

Article 9 (Delegated Duties) (2) Affairs delegated by the Governor to the head of a Si/Gun shall be as specified in attached Table 2

[Attachment 2] The restriction on the collection of occupation and use fees by proxy for the acceptance of a report on the right and obligation to occupy and use roads after the occupancy and use of roads and the confirmation of the completion of occupation and use of roads and the restoration thereof, and the construction and maintenance of roads (limited to the maintenance of the environment of roads, such as lighting and maintenance of lighting facilities and removal, etc.) and installation and management of road signs

D. The amount equivalent to the rent from March 6, 2009 to March 5, 2015 of the instant land based on the current status as a road is as shown in the attached Table, and the amount equivalent to the monthly rent from March 6, 2015 is KRW 67,92.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 7, Eul evidence Nos. 5, 7, 8, Eul evidence Nos. 1 and 4, Eul evidence Nos. 1 to 4, the result of the court's entrustment of measurement and appraisal to Leecheon branch of the Korea Intellectual Property Corporation, the result of the appraiser F's replacement of replacement, the purport of the whole pleadings

2. Determination

A. (i) After the Plaintiff’s assertion was incorporated into the road on February 1, 1968, the Defendant Gyeonggi-do is a road management agency, and the Defendant Leecheon-si is a de facto controlling entity, and jointly occupies and uses the instant land.

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