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(영문) 수원지방법원 2017.08.24 2016가단537007
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) 79,390 won and 15% per annum for them from May 19, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On October 10, 1994, the Plaintiff is the owner who completed registration of ownership preservation with respect to B forest No. 258 square meters (hereinafter “instant land”).

B. The instant land is designated as Gyeonggi-do Do Do Do Do Do Do Do Do Do Do on February 1, 1968, and is assigned to the road managed by the Defendant and designated as Gyeonggi-do Do Do Do Do Do Do Do Do Do Do Do

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, 6, and 7, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, who incorporated the instant land into a local highway and provided it to the general public for traffic and manages it as a road, is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the rent due to the use of the instant land as a road, barring special circumstances.

The monthly rent from October 8, 201 to June 31, 2017 for the instant land is KRW 79,390,000, and as of May 31, 2017, the fact that the monthly rent as of May 31, 2017 is no dispute between the parties, and subsequent rent can be confirmed to be the same amount. As such, the Defendant is obligated to pay to the Plaintiff unjust enrichment of KRW 79,390 and its amount at the rate of KRW 15% per annum from May 19, 2017 to the date of delivery of a copy of the application for change of the purport of the instant claim and the cause of the instant claim, and to pay damages for delay calculated at the rate of KRW 15% per annum from June 1, 2017 to the date of complete payment, to the date of expiration of the Defendant’s occupation or the date of cancellation of the Plaintiff’s ownership.

3. Judgment on the defendant's assertion

A. The Defendant is incorporated into a road in light of the data of the Dominian Report that the instant land was incorporated into a road between South and North Korea from the Japanese occupation point of view to the fact that “the road was completed upon receiving contributions from the Gu residents” and Article 11 of the Road Rules at the time of incorporation into a road between South and North Korea.

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