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(영문) 서울서부지방법원 2016.01.21 2014가단257878
기타(금전)
Text

1. Defendant B Village shall be the Plaintiff:

(a) Of the real estate listed in the separate sheet, indication 1, 2, 3, 4, 5, 6, 1-1 of the annexed sheet.

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant land”) was originally owned by the Republic of Korea. However, the Plaintiff’s subrogation application based on the decision of recommending settlement of claim for ownership transfer registration was filed on May 8, 2015 under the name of D, E, F, G, and H on December 30, 1978. On the same day, on November 30, 1980, the joint owner’s total share transfer registration was made under the name of J on March 2, 1983 under the name of J on the same day, and on March 15, 1984, on March 15, 1984.

B. Meanwhile, around 2005, among the land in the instant case, a map indicating 1, 2, 3, 4, 5, 6, and 1 of the attached Form Nos. 1, 3, 4, 6, and 1 was successively connected to each point of the 60 square meters of a prefabricated-type community hall located in the prefabricated-type, 8, 9, 10, and 7, which is identical to the 60 square meters of a prefabricated-type, within the scope of 7, 8, 9, 10, and 7, and the Sinnam-do Association (hereinafter “Defendant Village Association”) was built of five square meters of a brick toilet-type, “in the instant case,” and the Defendant Village Association (hereinafter “Defendant Village Association”) entered into a loan agreement on State-owned property of 70 square meters of the land in the instant case with

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 3, appraiser L's survey and appraisal result, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted by the parties, since the defendants constructed the village hall of this case on the land of this case without permission and occupied and used the land of this case, the defendants jointly and severally compensate for damages equivalent to the rent of KRW 705,00 in total and KRW 705,00 in the amount from January 1, 2005 to December 31, 2014, and the rent of KRW 6,250 in the rate of KRW 6,250 in the amount from January 1, 2015 to the delivery of the land of this case, or return the unjust enrichment equivalent thereto.

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