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(영문) 창원지방법원통영지원 2015.12.17 2015가단1061
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) as the receipt No. 4216 of June 15, 1943, respectively.

B. On November 1, 1975, the category of the instant real estate was changed from the site to the road, respectively.

C. On March 19, 2008, the Plaintiff completed the registration of ownership transfer as to the instant real estate based on the inheritance due to the consultation and division as of April 19, 1965, respectively.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Defendant, without the Plaintiff’s permission, changed the land category of the instant real estate into a site, opened a public road, and used and managed it as an unspecified number of residents’ passage or roadways, etc.

3) The Defendant, who is the occupant of the instant real estate, shall pay to the Plaintiff, as requested by the Plaintiff, the money calculated by the ratio of KRW 1,203,470 per month from January 15, 201 to March 31, 2015, which is the aggregate of the amount of unjust enrichment equivalent to the rent, and KRW 25,480 per annum from April 1, 2015 to April 1, 2015, from the date when possession of the instant real estate is completed due to the closure of the road or the date when the Plaintiff loses its ownership. (b) The case where the State or a local government’s commencement of possession of the instant real estate was recognized, was changed to the land category on November 1, 191 on which the specific portion of the land located within the area under the jurisdiction of the Seoan City was changed to the road

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