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(영문) 서울서부지방법원 2020.02.13 2017가단239314
부당이득금
Text

1. As to the Plaintiff’s KRW 72,667,684 and KRW 59,403,90 among them, the Defendant shall start on February 9, 2017, and the remainder 13,63.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a building in Mapo-gu Seoul Metropolitan Government 192 square meters and D large 278 square meters (hereinafter collectively referred to as “Plaintiff’s land”) and its ground, and the Defendant is the owner of E large 242 square meters and buildings attached to the Plaintiff’s land (hereinafter referred to as “Defendant’s land”).

B. The owner of the Defendant’s land transferred the Plaintiff’s land. The deceased occupied and used the land in the instant dispute by expanding the main corridor connected to his house on the ground of the Plaintiff’s land and using the said part for multi-purpose purposes, including the Plaintiff’s land, which was connected with each point of 3, 4, 41, 42, 43, 43, 43, 44, 8, 9, 21, and 20 in sequence with each point of 20, 43, 44, 8, 9, 21, and 20 square meters in order, among the Plaintiff’s land.

(A) The Plaintiff filed a lawsuit of unjust enrichment against the deceased’s heir who possessed the land in the instant dispute by 2017da239307, and received a favorable judgment on June 2018. (C)

After the transfer registration of the Defendant’s ownership and the occupation of the land, the Defendant purchased real estate from the deceased and completed the registration of ownership transfer on the Defendant’s land under the name of the Defendant on April 21, 201. Around May 201, the Defendant removed the existing housing and other buildings on the above land, and started the new construction of the third and seventh floor neighborhood living facilities on the ground. On the ground, the Defendant occupied and used the instant dispute land by installing a sn beam beam for construction on the underground surface of the instant dispute land, or by planting landscaping trees on the ground or installing communications facilities on the land in dispute.

Since then, on April 27, 2017, the Defendant completely removed the H beamline buried on the ground that it came into existence on April 27, 2017.

(d)the previous final and conclusive judgment;

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