(영문) 의정부지방법원 2020.04.24 2018가단133267

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Reasons

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(영문) 의정부지방법원 2020.04.24 2018가단133267

사용료

Text

1. The Defendants jointly do so to the Plaintiff:

A. 3,603,500 won and its therefrom from November 15, 2018 to April 24, 2020.

Reasons

1. The following facts of recognition do not conflict between the Parties, or are recognized by each entry in Gap evidence 1 to 3, 5, and Eul evidence 2, 9, and 15:

A. The Plaintiff is the owner of each of the lands D, E, F, and G (hereinafter referred to as “the Si and Dong”) in Namyang-si.

B. Defendant C is the owner of each land of H and I and the representative of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The Defendant Co., Ltd is a company that engages in the wholesale and retail business of air conditioners by leasing H, I’s land and its ground buildings.

C. E and F lands (hereinafter referred to as “each of the instant lands”) were classified as roads around 2001 and have been used as concrete packages.

The Defendants have used each of the instant land as a passage for the purpose of serving as a service, and there is no other passage.

2. The Plaintiff’s assertion that the cause of the Plaintiff’s claim is that the Defendants sought payment of the amount equivalent to the rent due to the return of unjust enrichment from using the Plaintiff’s land without permission, and even if the Defendant Company’s right of passage is recognized in the lawsuit for confirmation of the right of passage over surrounding land, it is obligated to pay the amount equivalent to the rent in accordance with the compensation obligation of the owner of the right of passage pursuant to Article 219(

3. Determination

A. According to the facts of recognition as to whether the right to passage over surrounding land is recognized, the defendants shall be deemed to have the right to passage over surrounding land of this case.

B. Even if the obligation to return unjust enrichment or the right to passage over surrounding land is recognized pursuant to Article 219(2) of the Civil Act, the person having the right to passage shall compensate for the damages of the person having the right to passage along the surrounding land pursuant to Article 219(2) of the Civil Act. Meanwhile, the right to passage over surrounding land is only to determine the scope of passage as at the time of closing the argument, and it is within the same scope as at the present time to the Defendants

참조조문

-민법 제219조 제2항

유사 판례

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