logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.06.17 2013가단3320
토지인도 및 부당이득반환
Text

1. The Defendants are to the Plaintiff.

A. Of the real estate listed in the separate sheet, the Attached Form No. 19, 20, 21, 27, 28, 29, 30, 33, 13.

Reasons

1. Basic facts

A. On April 2, 1998, the Plaintiff is an owner who inherited real estate listed in the separate sheet (hereinafter “Plaintiff’s land”) from D, the former owner, and completed the registration of ownership transfer on January 12, 2006.

B. On December 31, 1975, Defendant B completed the registration of ownership transfer with respect to the area of 592 square meters adjacent to the Plaintiff’s land, and Defendant B constructed a building on that ground and completed the registration of ownership preservation on January 8, 200, and owned the above land and buildings until now.

C. On August 2, 2004, Defendant C completed the registration of ownership transfer with respect to the F. 990 square meters adjacent to the Plaintiff’s land, and the two-story factory building located on the land, located on the Busan-gun, Busan-gun, and owned up to now.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2 and 3, each of the statements, Gap evidence 4, and the purport of whole pleadings]

2. The parties' assertion

A. The Defendants asserted that the Plaintiff owned the land adjacent to the Plaintiff’s land and the building on the ground thereof, and that the Plaintiff owned and used the access road and the building on the part of “B” 296 square meters connected to each of the items in sequence of 21,22, 24, 25, 26, 6, 7, 7, 8, 9, 32, 31, 30, 29, 28, 27, 27, and 21 among the Plaintiff’s land (hereinafter “B”) and the aforementioned drawings 19, 20, 21, 27, 28, 29, 30, 33, 13, 14, 15, 35, 34, and 19, the aforementioned portion of “D” portion connected to the Plaintiff’s land for the purpose of using the access road and parking lot.

In addition, the Defendants, by occupying and using the above portion of “B” and “D” portion of land, cause damages to the Plaintiff to make the Plaintiff unusable all of the Plaintiff’s land and thereby gain unjust enrichment equivalent to the rent therefrom, and thus, are obligated to return unjust enrichment equivalent to the rent for the entire Plaintiff’s land to each Plaintiff.

B. The Defendants asserted that part of the Plaintiff’s land was temporarily used as access roads, but the Plaintiff’s land was parking lot as alleged by the Plaintiff.

arrow