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(영문) 의정부지방법원고양지원 2020.01.17 2019가합71380
부당이득금
Text

1. The defendant is against the plaintiffs:

(a) 6,109,500 won per annum from July 18, 2019 to January 17, 2020;

Reasons

1. Possession and use status of the relevant real estate;

A. The registration of ownership transfer is completed on December 11, 2007 by F on the ground of sale and purchase on November 8, 2007, 2007, with respect to the land for the 2,596 square meters for the Goyang-gu D railway site (hereinafter “D land”) and E, ditch 204 square meters (hereinafter “E land”), and the E, ditch 204 square meters for D land.

After that, on March 24, 2014, the Plaintiffs completed the registration of ownership transfer on the ground of sale as of January 25, 2014 with respect to each of the instant shares of 1/3 among the instant land.

B. Of the land D, the appraisal in the attached Form No. 88 square meters (hereinafter “Chock”) and the attached appraisal in the attached Form No. 2 and the part 62 square meters (hereinafter “E”) in the attached Form No. 2 and E are assigned to H (on September 1998, the current part was changed to I; hereinafter “the road of this case”) and has been managed and used as a road until now, as newly established by the decision of G Goyang Urban Planning (Financial Expenses) announced by Gyeonggi-do around September 1998.

On the other hand, among the D land, the attached appraisal map (i.e., drawing drawings) is indicated, (b) part 309 square meters (hereinafter “D”) is adjacent to the road in this case, and has been used as a street parking lot, building material yard, etc.

C. Meanwhile, on March 6, 2017, F transferred to the Plaintiffs the right to claim restitution of unjust enrichment from the Defendant’s possession and use of part of the instant land from December 11, 2007 to March 23, 2014, and notified the Defendant of the assignment of the said claim.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 11 through 16 (including partial numbers; hereinafter the same shall apply), each entry and video, the result of survey and appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The defendant claims the plaintiffs' arguments regarding the cause of the claim of this case. (2) The defendant is the road site of this case opened in around 1998 from the C/C of D land to the C/C of this case, and the Section (b) and the Section (c) are D of the side land adjacent to the road of this case, which is the site adjacent to the road of this case, and the section (d) and

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