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(영문) 의정부지방법원고양지원 2017.11.16 2015가단90171
토지인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 16, 1992, D forest land 1217 square meters was divided into D forest land 464 square meters, E forest land 239 square meters, F forest land 285 square meters, G forest 92 square meters, B forest land 137 square meters. On March 10, 1992, the Plaintiff purchased D forest land 464 square meters and B forest land 137 square meters among the above land and completed the registration of ownership transfer on the said real estate.

(B) On May 8, 192, the Plaintiff transferred 10/137 of the above B forest land to Nonparty H.

On January 24, 1999, the Plaintiff constructed three-story buildings on the above D and B, with a building permit granted to the aggregate of 601 square meters on the ground. On July 5, 1999, among each of the above land, the part located near the land site of the former National Highway and located in the urban planning line was divided into 17 square meters of J road (division from D land), and the K Road 26 square meters of land (division from B land) and submitted a written promise to pay contributions to each of the above land at the time of strike. A part of the land used as a road under the current status at the time was converted into three-dimensional land categories and subdivided into 21 square meters of the road, and the land classification was changed into each of the land categories of D forest land and 447 square meters of forest land and 90 square meters of forest land remaining after division as above.

C. At present, among the area of 21 square meters and B B 90 square meters, part 10 square meters in the ship that connects each point of the attached Form No. 2, 3, 4, 19, 18, 16, 15, 14, 13, and 2 of the said C road (hereinafter “instant land”) is used as pedestrian and vehicle traffic roads adjacent to the said national highway I (former City/Do L), and as part adjacent to the Plaintiff’s building.

【Ground of recognition】 The facts without dispute, Gap 1, 2 evidence, Eul 1 through 10, 12 through 17, and the purport of the whole pleadings

2. The Plaintiff may seek unjust enrichment from November 201, 201 to the date of the transfer of the instant land on the ground that the Defendant occupied the instant land without any legal cause. As to this, the Defendant does not occupy the instant land, and the Defendant does not occupy the instant land, even if he occupies the said land.

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