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(영문) 수원지방법원 2019.01.10 2017나81755
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 24, 2008, the Plaintiff completed the registration of ownership transfer with respect to land D with the wife population in Chungcheongnam-si, and owned the above land up to now.

The said D land was divided into 1,104 square meters prior to D on August 26, 2015, and 168 square meters prior to C, and one square meters prior to E.

Plaintiff

The land of this case (hereinafter referred to as the “instant land”) shall be as follows:

It is used as a road as described in paragraphs (g) and (g).

B. The Defendant is a company operating a golf course with the name “G” from the wife population F in Permitted-si (hereinafter “instant golf course”).

C. On June 5, 2009, the Plaintiff and the Defendant entered into a contract with the content that the area of the part used as a road among the land in the wife population D, which was around 190 square meters before subdivision, shall be specified as the lease period from April 30, 2009 to April 30, 201, and one million won per annum, and the lease amount shall be extended on April 19, 201, and the lease amount shall be set at KRW 1.2 million per annum as the lease period is extended on April 19, 201, and the lease amount shall be set at KRW 1.2 million per annum, while the lease period is extended on or around April 30, 2013 (before April 29, 2016) by setting at KRW 1.4 million per annum.

The plaintiff requested the renewal of the lease after the expiration of the above lease term, but the defendant rejected it.

Roads from the wife population H land to the wife population I land, which is the entrance of the instant golf course, are the only roads leading to the instant golf course. According to the road founder and the current status, the part of L of 43 meters from the wife population J to the K (i.e., the road in question, i., the road in question, i.e., the road in question) and the part of the road (i., the road in question, ii. the road in question, i.e., the road in question, i., the area of the road in question, i.e., the road in question, i., the area of the road in question, i.e., the road in question, i., the area of the road in question, i.e., the road in question, i., the area in question, i.,

E. (3) The road portion is a place where a village resident P and one other applies for permission to open a private road for the purpose of opening a village access road.

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