(영문) 서울북부지방법원 2014.07.22 2013가단103169

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2014.07.22 2013가단103169

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) KRW 2,600,000 as well as 5% per annum from October 23, 2013 to July 22, 2014;

Reasons

1. Facts of recognition;

A. On December 5, 2002, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff with respect to the land listed in the attached list (hereinafter “B land”).

B. From March 2009, in order to remove a retaining wall of 1.3m to a height of 1.3m to 3m and 47m in length, which was installed on the land from Seoul Jung-gu to D, and to create a safe pedestrian environment by completely adjusting the slope of the sidewalk, the Defendant is proceeding with the “construction works to alleviate the slope of the sidewalk around the E apartment (hereinafter “instant construction works”), and the said construction was completed on May 25, 2009.

C. There was no structure on the B’s land before the instant construction was implemented, and the part (A) connecting each point in the Annex No. 1, 2, 7, 6, 5, 4, and 1 among the land B was used as a passage for the neighboring residents connecting a neighboring road with a neighboring housing site, and there was a separate passage linking a neighboring housing site in addition to the above passage route.

After the construction of this case, the remainder of the land B, except the traffic road of this case, was cut and came to be the same height as the adjacent road, and the above traffic road site was located at a place higher than 1.3 to 3 meters higher than the remainder.

Handrails for the prevention of fall between the above passage road site and the remaining parts of the land B, and the sidewalk block was installed on the surface of the passage road site, and the entry stairs was installed on the connecting part between the passage road site in this case and the adjacent road, and a sculpture was installed around the passage road after the completion of construction.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence Nos. 1 through 3, and 5 through 7, the result of the on-site inspection by this court, the result of appraiser F's appraisal of rent, the purport of the whole pleadings

2. Determination as to unjust enrichment

A. We examine the facts charged and the whole purport of the arguments presented earlier.

유사 판례

-서울북부지방법원 2015.02.13 2014나21265

-수원지방법원 안양지원 2019.12.18 2019고단518

-서울중앙지방법원 2014.08.14 2014노1372

-의정부지방법원 2017.10.20 2017가단109885

-부산지방법원 2019.03.22 2018나44593