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(영문) 부산지방법원 2018.12.19 2018나53900
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of the lawsuit after the appeal are filed are assessed against the Plaintiff.

Reasons

1. The Plaintiff’s ground of appeal cited in the judgment of the court of first instance is not different from the allegations in the court of first instance, and even if the evidence submitted to this court is examined again closely, the fact-finding and judgment of the court of first instance is recognized as legitimate (On the other hand, in the case of Defendant C, D, E, E, F, G, H, I, J, K, M, BF, BG, BH, and BI (Defendant 4 through 14), unless the Plaintiff exclusively uses and takes profits from each of the roads of this case, the said Defendants are entitled to exercise their exclusive right of passage over surrounding land without compensation, and thus, the said Defendants are also obliged to pay usage fees (the Plaintiff’s preparatory document dated 20, Nov. 20, 2018). However, in light of the fact that the original owner of land gives up exclusive and exclusive right of use of and benefit from the divided land as part of the land to the other owner of land without compensation, and thus, the Plaintiff is not obligated to exercise their exclusive right of use and benefit from each of the land.

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