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(영문) 제주지방법원 2017.10.24 2017가단53110
부당이득금
Text

1. The defendant,

A. From September 8, 2017 to the date of complete payment, KRW 292,215 and 15% per annum to Plaintiff A.

Reasons

1. Basic facts

A. On December 31, 1979, the Plaintiffs completed the registration of initial ownership relating to the land listed in Paragraph 1 of the Attached Table No. 1, and the Plaintiff completed the registration of initial ownership relating to the land listed in Paragraph 2 of the Attached Table No. 2 on the same day.

(hereinafter referred to as “each of the instant lands” in the separate sheet, and in the case of the individual lands, “the instant O land” shall be deemed to be “each of the instant lands according to the sequences.”

On April 7, 1987, the land category of the instant land was changed from each previous forest to a road on October 5, 1982.

From the time of the change of the above land category, the Defendant occupied and managed each of the instant land by providing it for the general public for traffic and passage.

[Ground of Recognition] A without dispute, each entry and video of Gap evidence Nos. 1 and 2 (including each number), the court's entrustment of appraisal to appraiser D, the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the above facts of recognition as to the cause of the claim, the defendant provided each of the lands of this case as a passage to the general public and obtained profits from the use of each of the lands of this case by occupying and using them, and thereby suffered damages equivalent to the same amount from the plaintiffs. Thus, the defendant is obligated to return the amount equivalent to the rent of each of the lands of this case to the plaintiffs, who are the owners of each of the lands

B. The Defendant’s assertion 1) asserts that the prescriptive acquisition has been completed as the Defendant occupied each of the instant land in peace and openly with the intent to own it for at least 20 years. 2) If the nature of the source of right to possess real estate is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance with his/her own intent pursuant to Article 197(1) of the Civil Act, and such presumption is equally applied to cases where the State or a local government, which is the managing body

(b).

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