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(영문) 춘천지방법원영월지원 2015.10.28 2014가단4397
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. From October 13, 2015 to October 28, 2015, KRW 162,045 and its amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 23, 2004, the Plaintiff completed the registration of ownership transfer on the ground of sale on August 20, 2004, with respect to the land owned by the Plaintiff 4,733 square meters (hereinafter “Plaintiff-owned land”).

B. As to the size of 2,054 square meters and D large 975 square meters (hereinafter “each land owned by the Defendant”), the registration of transfer of ownership in the name F was completed on August 19, 2004 due to the sale and purchase as of August 16, 2004, and the registration of transfer of ownership was completed on September 22, 2006 due to the sale by compulsory auction as of September 8, 2006.

C. As to the restaurant with 148.5 square meters of 148.5 square meters of 1st floor in the 2nd class neighborhood living facilities of the Class II neighborhood living facilities in Gangseo-gu, Gangseo-gu, Gangwon-do (hereinafter “Defendant-owned building”), registration of ownership transfer in the name of G was completed on March 20, 2006; registration of ownership transfer in the name of H was completed on March 17, 2006; registration of ownership transfer was completed on March 17, 2006; and on July 20, 2009, registration of ownership transfer in the name of the Defendant was completed on the grounds of sale as of June 20, 2009.

Meanwhile, in 204, F, the former owner of each land owned by the Defendant, opened an access road to a warehouse to be newly constructed on each land owned by the Defendant (hereinafter “the access road of this case”), with the Plaintiff’s consent, performed packaging construction work on the part (a) of 169 square meters (hereinafter “the access road of this case”), which connects each point of the items in the attached Form No. 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 31 among the land owned by the Plaintiff, and thereafter passed the access road of this case from the date of 206.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 10 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 and 5, and the purport of the whole pleadings

2. Judgment on a counterclaim

A. The Defendant’s assertion against the Plaintiff is seeking confirmation of the right to passage over surrounding land, which is the only road from each land owned by the Defendant to each public road, and the Plaintiff interferes with the Defendant’s passage.

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