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1. The defendant shall be the plaintiff.
(a) KRW 25,384,744 as well as 5% per annum from May 1, 2013 to October 23, 2015; and
Reasons
1. Facts of recognition;
A. The Plaintiff completed the registration of ownership transfer on February 27, 1985 with respect to B 270 square meters, A forest land 217 square meters (hereinafter “instant land”) prior to the Gu Government-si.
B. Of the instant land, a ditch was installed on the part of 60 square meters in the ship, which successively connects each point of 29, 20, 25, 26, 26, 11, 27, 28, and 29, 20, 21, 22, 22, 4, 23, 24, 25, and 20, among the instant land, on the part of 60 square meters in the ship connected each point of 29, 20, 25, 26, 11
(hereinafter, the above 67 square meters and 60 square meters portion are “the part of the ditch of this case”.
Around 1987, the Defendant installed a ditch stuff on the ditch part of this case, and installed a sprinking construction. Of the instant land, the Defendant occupied and managed the said part by providing it for the passage of the general public by providing it to the following: (a) the part of “ma” in the ship connected with each point of 1,2,3,4, 23, 15, 16, 17, 17, 18, 16, 4, 5, 7, 7, 8, 33, 29, 23, 23, 4, and 133 square meters in sequence; and (b) the part of “Ma” connected with each point of 160 square meters in the same drawing; and (c) the part of the instant land in the ship connected with
(hereinafter, the above part of the "Ma" and "D" is referred to in D.
Among the land of this case, the remainder except the road portion of this case is used by neighboring residents as dry field, parking lot, and housing site.
[Ground of recognition] The evidence No. 1, No. 1, No. 2, No. 6, Eul evidence No. 8, Eul evidence No. 11 through No. 17 (including some numbers), the witness C's testimony, the witness D, E's survey appraisal results, the inquiry results on the government's branch office of the Gyeonggi-do headquarters of the Korea Cadastral Corporation, the purport of the whole pleadings.
2. Return of unjust enrichment:
A. (1) According to the determination as to the cause of the claim, the defendant installs a ditch on the road of this case, and provides it to the general public for the passage of the road package after carrying out a duct construction.