logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.02.14 2016가단24757
부당이득금반환 등
Text

1. The Defendant against the Plaintiff (Appointed Party) and the Appointed Party B, C, D, E, F, and G:

(a) (1) Each KRW 1,105,320, and as regards it,

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

In the original “Ulsan-gun L, Ulsan-gun, and 8584 square meters of forest land (hereinafter “the land before subdivision”) were owned by M.

[A-1] As a result of the death on December 7, 1985 (hereinafter “the Deceased”), the Plaintiff (Appointed) and the designated parties, who are the deceased’s children, inherited a son’s children.

The shares in inheritance shall be one seventh of each.

[A 1-1] A. 229 square meters of a forest J. 196 square meters of a 196 square meters of a forest, and the land before subdivision was divided into three lots of land, such as the right entry on June 7, 1985 (A 2-1) and the land category of H’s land was changed into “road” as of June 26, 1985.

[A 2-2] From the land after the division, the three lots of land was divided on May 30, 2002, such as the entry on the right side of the latter on May 30, 2002 (A-3 through 1-6, 2-3). The land after the division was also divided in sequence into “N” land on September 10, 2012 and “O” land on April 18, 2013.

[A] 1-2, 1-7, 1-8, 2-1] The location and current status of each land after division shall be the same as that of the right drawing.

In 1984, the Defendant opened a road through which the intermediate part of the land before subdivision reaches the middle of the land before subdivision, by dividing the above “H” land, is currently in possession and use as the road, and the “I” land also occupies and uses as part of the road.

[A] The ground of “J” is also packed in asphalt and used as a road.

[Written Expert Opinion dated October 23, 2017] The Defendant asserts that this part of the land is occupied and managed by the “P” association, not the Defendant, but the Defendant, but there is no evidence to acknowledge it. However, as seen below, in light of the fact that the Defendant expropriates the land adjacent to this part of the land and acquires its ownership, this part of the land should also be deemed to be occupied by the Defendant.

The “P” land shall be owned by the Defendant for reasons of expropriation on October 17, 2016.

arrow