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(영문) 서울중앙지방법원 2020.10.15 2018가단5233320
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) 79,014,000 won and a rate of 12% per annum from November 13, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. On January 19, 2017, the registration of ownership transfer was completed in the name of the Plaintiff on January 19, 2017 with respect to forest land 27,607 square meters listed in the separate sheet (hereinafter “instant land”).

B. The instant land is an old hill topographical with a height of about 25 meters up to the highest place, and is located within the military installation protection zone.

C. The Defendant installs and manages a military-use facility of 2,98 square meters in total of 2,00 square meters, including 723 square meters in the attached drawing 1 and 723 square meters on the instant land, and 167 square meters in a military unit, 425 square meters in a building for military use, 11 square meters in a 163 square meter, 501 square meters in a 1453 square meter in a 1453 square meters in a building for military use, and 2,989 square meters in a road for military purposes. The remainder except the above facilities is divided into seven forest and field, and the total area of the forest and field is 24,565 square meters.

한편 피고는 별지 도면 2 기재와 같이 위 임야로 남아 있는 부분에는 ㉮ 내지 ㉳ 부분에 각각 국방부 및 육-훈 표석을 직사각 기둥 형태로 땅속에 박아서 고정시켜 설치하여 두었다.

E. The above road is connected to the second front door of the river attached to the Defendant and operated by a military vehicle for supply to the above unit.

The above road is set up in the general form of “T” as a outlined centering on the entire land of this case, and is directly connected with military installations, such as traffic signals, etc. in the land of this case, and the middle of the above road has a vehicle sign for military vehicles.

F. The above military unit is located adjacent to the land of this case, and there is a steel net installed at a height of approximately five meters in the outer part of the above military unit, and the entrance of the vicinity of the land of this case is a civilian control area as a military operations area and an unauthorized access of the permitted personnel is prohibited.

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