(영문) 대구지방법원 2016.02.17 2015가단108878

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(영문) 대구지방법원 2016.02.17 2015가단108878

부당이득금

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1. The defendant shall be the plaintiff.

(a) KRW 12,952,915, and 20% per annum from August 19, 2015 to September 30, 2015; and

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is owned by inheritance of 76 square meters (hereinafter “instant land”) of the Daegu-gu Dong-gu B road (hereinafter “the instant land”). The Defendant asserted that the instant land was buried and used as a road without permission, and sought a return of unjust enrichment equivalent to the land’s royalty, against the Defendant.

B. On December 20, 1976, the defendant asserts that he acquired the land of this case by prescription. 2) The defendant also asserts that even if the defendant's prescriptive acquisition is not recognized, the plaintiff allowed the defendant to occupy and use the land of this case without compensation and renounced the exclusive use right.

2. Facts of recognition;

A. The Plaintiff is the heir of the family head of the deceased deceased deceased deceased C (hereinafter “the deceased”).

B. The instant land was partitioned into 448 square meters in Daegu-dong-gu Da-gu 471 square meters (hereinafter “instant land before the instant partition”).

Examining the entries of each land cadastre and injury on the land before the division of this case, the land cadastre of this case and E land, as follows.

1) The land before the instant partition was determined by F on August 4, 191. After that, the ownership of the land on the land cadastre was transferred in sequence to G, H, I, etc., and the deceased was transferred on March 14, 1949 by J, and on the 15th of the same month. The registration of ownership preservation was completed on August 7, 1928, and on March 15, 1949, the registration of ownership transfer was completed on the ground of sale and purchase by the deceased on January 10, 1949. 2) Accordingly, the land before the instant partition was converted to April 1, 1950, and the land category was changed from the above land to the road as the land was divided on December 20, 1956.

Meanwhile, according to the real estate registration register of the instant land, the land is divided and categorized on December 5, 1961.

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