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(영문) 울산지방법원 2016.06.09 2015나23000
부당이득금
Text

1. It constitutes the money that orders the following payments among the parts concerning the north-gu of Ulsan Metropolitan City with the judgment of the first instance.

Reasons

1. Basic facts

A. The reasons stated in this part are as follows, except for the modification and addition as follows:

1. Since part of the entry is the same, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. 1) Under the 3th judgment of the first instance court, the amendment and addition are as follows: (i) the amendment and addition are as follows: “ May 28, 2008.” (ii) the amendment and addition are as follows: “T” under the 4th judgment of the first instance court; and (iii) the amendment and addition are as follows:

3) On the 4th judgment of the first instance court, “154,840 won” in the last sentence is amended to “74,000 won. 4) On the 5th judgment of the first instance court, “The 13th judgment of the first instance court” is added to “the 13th judgment of the first instance court”.

2. The summary of the Plaintiff’s assertion is that Defendant North Korea opened and occupies a road on the instant land owned by the Plaintiff, and thus, it is obligated to return unjust enrichment equivalent to the rent for the instant land to the Plaintiff.

If Defendant North-gu does not occupy the land of this case, Defendant Ulsan Metropolitan City occupies the land of this case, and thus, Defendant Ulsan Metropolitan City is obligated to return unjust enrichment equivalent to the rent for the land of this case.

Therefore, Defendant North Korea-gu is primarily obligated to return the above unjust enrichment to the Plaintiff by Ulsan Metropolitan City.

3. Determination as to the claim against Defendant North Korea-gu

A. 1) The Plaintiff acquired the ownership of the instant land due to sale on April 29, 198, as stated in the above basic facts.

B. The reasons why the court should explain in this part the possessor of the land of this case are the fifth judgment of the court of first instance.

B. Since it is identical to the partial entry, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. According to the above facts, from May 28, 2008, the defendant North-gu occupied and used the land of this case at the latest, thereby gaining profits from its use.

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