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(영문) 인천지방법원 2017.10.18 2017가단202349
부당이득금
Text

1. The Defendant: (a) KRW 132,225; and (b) KRW 41,881 to Plaintiff B; and (c) from September 15, 2017 to October 18, 2017.

Reasons

1. Facts of recognition;

A. On November 7, 1995, Plaintiff A acquired the share ownership of 1,487/1,958 and Plaintiff B, Plaintiff B, who acquired the share ownership of 471/1,958 with respect to forest land C in Nam-gu Incheon Metropolitan City (hereinafter “instant land”).

(b) Attached 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 49, 48, 47, 45, 43, 42, 41, 40, 38, 36, 35, 34, 32, 31, 30, 30, 35, 250, 29, 25, 36, 54, 25, 54, 36, 54, 57, 250, 50, 29, 25, 500, 29, 500, 30, 30, 31, 332, 334, 35, 37, 38, 41, 464, 47, 546, 57, 5

C. The Defendant, around 2005, set up a water supply pipe of 80 meters in diameter below (b) around 2005 at a length of 160 meters, and the separation distance according to the standard specifications of the water supply construction works is 30cm in width and upward.

(1) In the event that a new facility is installed on the land of this case, the owner of the new facility must secure the separation distance between the water supply pipe and 15 cm, half of the separation distance. Thus, the defendant asserts that the separation distance for the defendant to occupy the above water supply pipe is 15 cm. However, if the plaintiffs who are the owners of the land of this case install a new facility on the land of this case, they should maintain the separation distance from the water supply pipe of this case over 30 cm from the water supply pipe of this case, so the plaintiffs are subject to the restriction on the use of the land of this case as much as the above separation distance, and therefore the defendants' assertion is without merit

The instant land was divided on December 8, 2016, as indicated in the list of real estate attached hereto, but the Plaintiffs’ share ratio is the same as that of the division.

[Ground of recognition] Gap evidence 1, Gap evidence 2 (including each number), Gap evidence 4 and 5, Gap evidence 7, and others.

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