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(영문) 청주지방법원 2021.02.03 2019가단36837
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 8, 2019, the Plaintiff occupied and used forest No. 216 square meters (hereinafter “instant land”) against the Defendant as a road with respect to the land No. 216 square meters (hereinafter “instant land”) owned by the Plaintiff against the Defendant.

The Cheongju District Court filed a lawsuit claiming the payment of the amount calculated at the rate of KRW 30,00,500 per month from the date of commencement of possession to the date of commencement of possession of the defendant, and the amount calculated at the rate of KRW 5,000 per month from the date of filing the lawsuit to the date of termination of possession of the defendant.

The instant lawsuit was submitted to conciliation proceedings (Cheongju District Court 2019 s. 7905 s. 2019) and was issued on October 7, 2019, in lieu of conciliation as follows (hereinafter “instant compulsory conciliation decision”). On October 25, 2019, the instant compulsory conciliation decision became final and conclusive as it was because the original Defendant did not raise any objection.

B C

B. After the instant decision on compulsory adjustment became final and conclusive, on November 12, 2019, the part of the “land included in C” among the instant land was divided into 131 square meters of land in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, and the Defendant registered the ownership transfer on November 20, 2019 with respect to the said part on which November 20, 2019 had been acquired through consultation with the public land.

As a result, the area of the land in this case remains 85 square meters.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 13 (including branch numbers), Eul evidence 1 to 7, Eul witness E's testimony, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) Since the Defendant occupied and used the instant land owned by the Plaintiff as a road, the Defendant is obligated to return to the Plaintiff the money calculated at the rate of KRW 2,897,88, and KRW 49,555 per month from December 13, 2014 to October 20, 2020, with the amount of unfair profit equivalent to the rent, from December 13, 2014 to October 20, 2020.

2) The compulsory conciliation order issued in the Cheongju District Court 2019 Ghana 22647 (Cheongju District Court 2019 S. 7905) shall be the compulsory conciliation order.

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