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(영문) 서울북부지방법원 2019.02.12 2018나1016
부당이득(지료)반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant B, the head of the deceased, due to the inheritance on September 19, 190, received 3/10 of the instant land, 3/10 of the instant land, 2/10 of the instant land, and 3/10 of the instant land, and H, the spouse of the deceased, was inherited, respectively.

B. On July 16, 2004, the Plaintiff acquired G 2/10 shares in the instant land through a public auction.

C. As H died on September 20, 2013, as to H’s 3/10 shares out of the instant land, Defendant B inherited 9/70 shares out of the instant land, Defendant C’s 6/70 shares, and Defendant D and E, each of the children of G who inherited by inheritance by representation following G’s death, respectively.

On the other hand, H Husband and wife have long cultivated the instant land and the adjacent land of Gangdong-gu Seoul Metropolitan Government I (hereinafter “instant land, etc.”) (hereinafter “instant land, etc.”) and leased the instant land, etc. to J and K couple (hereinafter “J couple”) free of charge for the purpose that H would not be ordered to dispose of farmland due to leaving his/her spouse unattended of the instant land, etc. on September 19, 190, when his/her spouse died.

E. Accordingly, the J couple, using the plastic houses, etc. installed on the ground of the instant land, was able to bring farming houses into the instant land, etc., and, on a non-regular basis, turn down agricultural crops, such as vegetables cultivated therein, etc. on the H side.

At that time, the location of plastic houses, etc. on the ground of the instant land shall be as shown in attached Form.

[별지 ⓕ부분 지상 비닐하우스(이하 ‘별지 부분 지상 비닐하우스’를 ‘ 부분 비닐하우스’라 하고, 별지에 특정된 비닐하우스 전체를 지칭할 때에는 ‘이 사건 각 비닐하우스’라 한다

)와 ⓖ부분 비닐하우스는 J 부부가 경작을 시작한 이후에 설치된 것으로 보인다]. J 부부는 ⓐ부분 및 ⓑ부분 각 비닐하우스에서 경작하였고, ⓒ부분, ⓓ부분 및 ⓔ부분 각 비닐하우스는...

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