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(영문) 서울남부지방법원 2019.02.12 2018가합109302
부당이득금
Text

1. The plaintiff

A. Defendant Guro-gu Seoul Metropolitan Government: 1135,331,496 won and its related amount from July 25, 2018 to February 12, 2019

Reasons

1. Facts of recognition;

A. On June 3, 1970, the Plaintiff and C acquired ownership of each 1/2 portion of the Guro-gu Seoul Metropolitan Government D Land (hereinafter “instant land before the instant partition”). Thereafter, the land before the instant partition was divided into D, E, or F by the Plaintiff and C on June 24, 1970.

B. From June 1970 to April 1974, the Plaintiff and C sold each remaining parcel to a third party, excluding the 1,607m2 in Guro-gu Seoul Metropolitan Government 1,607m2 (hereinafter “instant land”).

On the other hand, the plaintiff and C changed the land category of each parcel of G, H, I, J, K, L, and M into the site on October 6, 1970.

C. Although the land category of the instant land is designated as “the answer,” it is currently being provided as a part of the road between the houses in which vehicles are allowed to enter, and water supply and drainage facilities, urban gas pipes, etc. are installed under the ground.

The defendant Guro-gu Seoul Metropolitan Government has established parking lots in part of the land of this case from 2005 to collect parking fees.

The location of the instant land is as shown in the attached Form, and is connected with the 99m2, O 760m2, and 879m2 in Guro-gu Seoul Metropolitan Government.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, 14 through 16, Eul evidence 1 through 9, 12, 13, Eul evidence 1 through 4, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The defendant Guro-gu Seoul Metropolitan Government (hereinafter "the defendant Guro-gu") alleged by the plaintiff, the ground part of the land of this case owned by the plaintiff and C, and the defendant Guro-gu and the defendant Seoul Metropolitan Government occupy the underground part of the land of this case without any legal ground, and the plaintiff has no exclusive waiver of the right to use and benefit from

Therefore, Defendant Guro-gu, a 1/2 of the rent for the instant land from December 1, 2012 to November 30, 2017, the Plaintiff, the right holder of the instant land, and the Plaintiff, who is the right holder of the land of this case, shall be KRW 359,64,678, as well as damages for delay.

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