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(영문) 제주지방법원 2017.12.19 2017가단5111
토지인도등
Text

1. The defendant shall be the plaintiff.

(a) deliver B 264 square meters prior to Jeju-si;

B. 613,105 won and Jeju from June 1, 2017 B.

Reasons

1. Facts of recognition;

A. On June 5, 2006, the Plaintiff completed the registration of ownership transfer with respect to B-264 square meters (hereinafter “instant land”).

B. From around 2010, the Defendant occupied and managed the instant land as the road site C in agricultural and fishing villages.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Transfer of land and occurrence of unjust enrichment;

A. According to the above facts finding as to the cause of the claim, the defendant provided the land of this case as a passage to the general public and obtained profits from the use of the land of this case by occupying and using it, and thereby suffered damages equivalent to the same amount to the plaintiff. Thus, the defendant is obligated to deliver the land of this case to the plaintiff who is the owner of the land of this case, and return the rent for the land of this case as unjust enrichment.

B. As to the Defendant’s assertion on the waiver of exclusive use right, the Defendant asserts that the Plaintiff did not raise any objection to the Defendant, despite being aware that the instant land was used as a road site, so that the Plaintiff did not waive the exclusive use right and exclusive use right to the instant land and did not cause any damage.

In the event that a private land is naturally occurring or is actually used as a road for public traffic as it is classified into a road site, if the owner of the land grants the right to free traffic to neighboring residents or the general public by providing the land as a road or waives the exclusive and exclusive right to use and benefit from the land, the circumstance or period during which the land was owned by him/her, the details and scale of the sale in installments of the remaining land, and the location or nature of the land used as the road.

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