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(영문) 대전지방법원서산지원 2014.01.16 2012가합1350
유지사용료
Text

1. The Plaintiff, Defendant B, from August 20, 2013, and Defendant C, from August 20, 2013, and Defendant C, from August 48, 015,779.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants are operating salt farms on each ground of 10,688 square meters of land listed in the attached Table list (However, in the case of land listed in paragraph (4), 4,458 square meters in total) and 40,702 square meters of 40,682 square meters in Seosan City. For convenience, the Plaintiff and the Defendants divided it into three areas, and Defendant B and 2 salt farms (52,815 square meters in total) are operated by the Plaintiff, respectively.

B. The Plaintiff and the Defendants are using each ground reservoir of 30,014 square meters (hereinafter “instant reservoir”) among the adjoining land in paragraph (4) of the attached Table and the land indicated in paragraph (4) of the attached Table, which is 1,800 square meters or more (hereinafter “instant reservoir”). The said reservoir is used solely for the purpose of supplying the seawater to the above salt.

C. The above D land was bequeathed from E on April 14, 2010 and owned by the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 to 27, Gap evidence 2, 4, 8, Gap evidence 13-1 to 5, Eul evidence 4-6 or video, the appraisal result by appraiser F, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Defendants used the instant reservoir to operate the salt farm and No. 1 and 2, and used and profit from the instant reservoir, which is part of the instant reservoir, and continued to use the instant reservoir until the end of 2013. Therefore, the Defendants asserted that the Plaintiff is liable to refund unjust enrichment equivalent to the royalty of the instant land from April 14, 2010 to December 31, 2013, which began to own the instant land.

B. 1) According to the above facts of recognition from April 14, 2010 to the date of the closing of argument in this case, the Defendants used the instant reservoir to operate the said 1 salt farm and 2, and used and made profits from the instant land, which is a part of the said reservoir, so the Defendants owned the instant land by the Plaintiff.

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