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(영문) 인천지방법원부천지원 2014.11.28 2013가단21071
토지인도 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of pleadings as to Gap evidence Nos. 1, 2, 5, 11, and 12, the plaintiff purchased H buildings (Ground 1 and ground 3 multi-unit houses) on April 17, 1990 and completed the registration of ownership transfer on April 26, 199; ② on December 29, 2010, defendant D and E purchased the ownership transfer registration on the land adjacent to the land of this case on December 29, 201, on February 1, 201, on the land of 1, 201, 362m2 (hereinafter referred to as "one land"), and newly constructed the neighboring residential facilities on March 27, 201, and acquired the registration of ownership transfer registration on February 1, 201, on the land of 1, 201, 3,0000m2 and 1,000,000 neighboring land on June 21, 201.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) Under the ground of the instant land, Defendant D and E used the urban gas pipes, septic tanks, sewerage pipes, excellent pipes, water supply pipes, Defendant B and C, without the consent of each Plaintiff, as well as water supply pipes, sewerage pipes, septic pipes, and excellent pipes, and the Defendants packaging asphalts on the instant land without any title to obtain a building permit. As such, the aforementioned urban gas pipes, septic pipes, sewerage pipes, excellent pipes, and water supply pipes (hereinafter “water pipes, etc.”).

(2) The Defendants, without any title, have the duty to remove the asphalt and asphalt, and deliver the instant land to the Plaintiff. (2) The Defendants, without any title, installed and used the asphalt on the ground of the instant land owned by the Plaintiff, and used it illegally. Therefore, the return of unjust enrichment is deemed to be the return of unjust enrichment.

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