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(영문) 서울중앙지방법원 2017.02.08 2014가단206530
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 23, 2009, the Plaintiff purchased C & C forest land 65 square meters (hereinafter “Plaintiff’s land”) in a voluntary auction proceeding, and completed the registration of ownership transfer on March 11, 2009.

B. E, the owner of D large scale 645 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”), was involved in the Plaintiff’s land by means of constructing a building on the Defendant’s land and operating a restaurant on the Defendant’s land and installing a cafeteria and a simplified roof on the Plaintiff’s land, setting a table for visitors, etc.

E As the Defendant died on October 25, 201, the Defendant inherited 393/645 shares in the Defendant’s land (the shares of money are disposed of before E) and the above restaurant building, and continues to operate the restaurant by alone.

C. On August 20, 2014, the Defendant began on September 1, 2014 with respect to the removal of “the part of the Plaintiff’s land possession” to the Plaintiff.

9. He shall confirm that he is work completion;

'' has drawn up a construction schedule of the contents.

Since then, the Defendant removed all parts of the Plaintiff’s land.

Plaintiff

Land and the defendant's land are located at the cafeteria at the entrance of F, etc.

On August 7, 2014, the Si of Gongju acquired the ownership of 486 square meters of G forest 551 square meters in public land in the city of Gongju on August 7, 2014, and the remainder of 65 square meters in public land was divided and the land was the Plaintiff.

G Land is packed and used as a road, and the land of the plaintiff is used as a delivery.

G Land is located between the land of the Plaintiff and the Defendant, and between the land of the Plaintiff and the Defendant, H land (land category is a road), which is a State-owned land, is extending to the entrance of a mountain, etc., and the current status is the same as the attached drawing.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence No. 1 (including additional numbers), appraiser I, and J's each appraisal result, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion of unjust enrichment 1 and the Defendant’s decedent E occupy the Plaintiff’s land by setting up a store on the Plaintiff’s land, and on September 2014.

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