logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2019.06.13 2017가합407448
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 1,285,841 as well as 5% per annum from January 11, 2019 to June 13, 2019;

Reasons

1. Facts of recognition;

A. On May 25, 2004, the Plaintiff is the owner of the instant land as of the date of the closing of argument in the instant case by acquiring the ownership of 445,289m2, Gangwon-do forest land B in the instant case (hereinafter “instant land”) in the public sale procedure.

B. From around 1990 to the date of the closing of argument in the instant case, the Defendant occupied and used part 5,540 square meters in total by using each of the part 1 square meters 6,70 square meters in 16,540 square meters in the attached Form 1,50 square meters in possession of the instant land as a Gun road, with the aim of extinguishing the area of 1,165 square meters in the area of 1,165 square meters in the area of the telecommunications line for communications of each military installation, strawing of materials without materials, and 6 square meters in the area of each of 8,540 square meters in possession of the instant land (hereinafter “the occupied part”).

The calculation period of 2.3 0.3 24 to 24 October 24, 2012, 365/365 4,942,70 4,942, 411,890 to 24 October 24, 2013; 365/365; 40.365/365; 254; 46.36.37. 86. 46. 86. 86. 24. 20 to 364. 36.45; 36.106. 8. 46. 10 to 36.196. 196. 4. 20 to 36. 196. 7. 10

C. The rent for each period of the entire land of this case is as follows.

[Ground of recognition] Facts without dispute, entry of Eul evidence No. 2, results of appraisal of rent by C appraiser's office, purport of the whole pleadings

2. The assertion and judgment

A. From January 1, 2005 to the date of the closing of argument in this case, the Defendant occupied and used the above land without any title, such as by constructing and using military installations on the instant land from January 1, 2005 to the date of the closing of argument in this case. As such, the Defendant is obligated to pay the Plaintiff unjust enrichment or damages equivalent to the rent, as stated in the purport of the claim, and to deliver the instant land.

B. 1) The defendant claims unjust enrichment or damages.

arrow