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(영문) 전주지방법원 2018.03.28 2017가단17384
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The land of this case was divided into the land of this case and the land of this case, Jeonju-si, Jeonju-si, A, 304 square meters (hereinafter “the land of this case”). A around October 19, 1983, the land of this case was divided into the land of this case and the land of this case, Jeon Man-si, Jeonju-si, Seoul-si, with a view to constructing a new building on the land of this case on the land of this case before subdivision around October 19, 1983.

B. On May 15, 2013, the Plaintiff acquired the ownership of the instant land by completing the registration of ownership transfer due to sale on April 1, 2013.

C. The instant land is a road site with a width of 6 meters, approximately 222 meters increased and tensiond, and has been used for the traffic of the general public since the division in 1983. The Defendant was determined and announced as D April 30, 1987 by the Jeonju Urban Management Plan.

On May 9, 1987, the Defendant, after going through the procedure for modification of the Jeonju Urban Planning under the Notice of Jeollabuk-do for the instant land, approved and announced the implementation plan of the urban planning project as F on July 7, 199. From 1999 to December 31, 2003, the Defendant implemented the road construction project and managed the instant land as a road.

【Fact-finding without dispute over the ground for recognition】 Facts-finding, Gap evidence 1, 2, Eul evidence 1 to 8, and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff without any title occupies and uses the instant land without permission, the Defendant is obligated to return the amount equivalent to the rent of the instant land to the Plaintiff, the owner of the instant land, as unjust enrichment.

B. Defendant B, the former owner of the instant land, gave up the right to exclusive use and benefit from the instant land by offering the instant land to the general public, and the Plaintiff subsequently succeeded to the ownership of the instant land specifically, thereby unjust enrichment to the Defendant.

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