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(영문) 서울서부지방법원 2016.05.12 2015가단219491
토지사용료
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts: (1) The real estate partitioned from the NE on December 10, 1980 and the category of the real estate divided from NE on the land of Mapo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) was corrected to “Road” on March 8, 2007; (2) theO owned the instant real estate and real estate adjacent to both the instant real estate and the instant real estate, Mapo-gu P, Qua Real Estate, R, T, U,V, and W, and multi-household housing (Y: Seoul P, Q, Q, Q, Y: Y: 5 lots of land: 300 and multi-household housing on September 6, 202) were sold to the general public; (3) the real estate was sold to the public by means of an error on the “road” or on the registry; and (4) the Plaintiff was admitted to have been sold to the said multi-household housing or multi-household housing on the following grounds, including the aforementioned multi-household housing among the residents, and (5) the Defendants were admitted to 1 to have been sold or registered to 636.1.

2. The Plaintiff asserts that the Defendants are obliged to pay unjust enrichment equivalent to rent to the Plaintiff, the owner of the pertinent real estate, because the Defendants exclusively and exclusively use and profit from the instant real estate as a fixed number of multi-household houses and parking lots, etc. without blocking the entry of the general public.

(Plaintiff sought unjust enrichment equivalent to the rent from July 29, 2013 to the date of completion of delivery of the instant real estate by the Defendants. From July 29, 2013 to March 6, 2015, the Plaintiff sought payment by subrogation of the previous owner’sO, who acquired the ownership of the said real estate.

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