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(영문) 서울중앙지방법원 2017.08.11 2015가단5312123
부당이득금
Text

1. Defendant Jongno-gu Seoul Metropolitan Government is the Plaintiff.

(a) 11,321,635 won and its repayment shall be made from December 10, 2015.

Reasons

1. Facts of recognition;

A. On March 31, 2004, each ownership transfer registration has been filed in the name of the Plaintiff with respect to the Jongno-gu Seoul Metropolitan Government B large 99.2 square meters and C large 19.8 square meters.

B. The defendant Jongno-gu Seoul Metropolitan Government (hereinafter the defendant Jongno-gu) connects each point of 14, 20, 21, 223, 18, and 20 square meters in sequence, among the above land B from July 1963, to each point of 0.4 square meters in the attached drawings, such as (b) 0, 20, 21, 22, 21, and 20 square meters in order, among the above land (c) and the part of (c) 0.4 square meters in the above land, and the part of (d) 22, 23, 19, 18, and 22 of the same drawings are 16,10, 11, 12, 23, 22, 17, and 16.

C. The Defendant Korea Electric Power Corporation (hereinafter “Defendant Corporation”) had installed a telegraph pole on the ground level of 0.3 square meters from among the above B’s land, which had been connected with each point of 24, 25, 26, 27, and 24 in sequence from 10 years before the instant lawsuit was filed, and occupied and used the telegraph pole on the ground level of 0.3 square meters from among the above B’s land. Of the above C’s land, the portion of 16, 10, 11, 12, 23, 22, 22, 17, and 16 of the same drawing indication among the above C’s land (vii) connected each point of 16, 10, 25, 26, 27, and 24 are installed, occupied, and used

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, survey of this court and result of a request for an appraisal of rent, purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Plaintiff, the owner of the above land B and C, and the Defendant Jongno-gu, the owner of each of the above land, is obligated to remove and deliver road facilities, such as the above (b) 0.4m2m2, the above (c) 0.4m2m2, the above (c) part among the above land, 0.8m2m2, and the above (7) 9.2m2m2, which are installed on each of the above land. The Defendant Corporation is obligated to remove telegraph and electric wires installed on each of the above (d) 0.3m2m2 and each of the above (g) 9.2m2m2.

In addition, the defendants are also the defendants.

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