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(영문) 창원지방법원밀양지원 2014.01.08 2013가단1411
부당이득금
Text

1. The Defendant’s KRW 26,812,950 for the Plaintiff and 5% per annum from February 26, 2013 to January 8, 2014.

Reasons

1. Basic facts

A. The registration of preservation of ownership was completed in the name of the State on December 8, 1983 at the time when the management agency was designated as the Ministry of Finance and Economy on October 24, 2005 due to the abolition of the use of land on October 24, 2005.

B. The land of this case was buried in around 1987 and used as the restball site, physical fitness training place, etc. for neighboring residents. After the Defendant’s recommendation, the public works of sewage pipes, etc. were laid underground from December 20, 2005 to February 17, 2006. The land of this case was actually used as a public parking lot and physical fitness training facility for neighboring residents until now, and the Defendant did not engage in profit-making activities, such as collecting parking fees, etc. from the land of this case or manage the land of this case in addition to performing civil works and packing works.

C. Meanwhile, on May 207, the Plaintiff notified the Defendant of the scheduled imposition of KRW 17,118,250 of the indemnity amounting to the period from November 8, 2005 to April 17, 2007, on the ground that the Defendant, as a management agency entrusted with the affairs concerning the management and disposal of the instant land by the management agency pursuant to Article 42(1) of the State Property Act and Article 38(3) of the Enforcement Decree of the same Act, on the ground that the Defendant occupied and used the instant land without permission for use or profit-making. Accordingly, the Defendant presented a written opinion to the effect that the instant land is only the land on which the residents voluntarily installed and used physical training facilities, and that the Defendant cannot pay indemnity and rent because it did not occupy and use it without permission.

[Ground of recognition] Each entry or video of Gap's 1 to 4, Eul's 1 to 4 (including paper numbers), and arguments.

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