(영문) 제주지방법원 2017.11.10 2016가단54154

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2017.11.10 2016가단54154

토지인도

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff completed each registration of transfer on October 29, 2010 with respect to the share of B 200 square meters (hereinafter “instant land”) with respect to the share of October 1/2, 2010, and on September 1/2, 2013 with respect to the share of September 25, 2013.

B. From Seopo-si, Seopo-si, Seopo-si, Seopo-si divided the 3,240 square meters of D forest into Seopo-si, Seopo-si, Seopo-si, Seopo-si, and on July 10, 1984, the instant land was divided into 3,240 square meters of D forest in Seopo-si, Seopo-si, Seopo-si, Seopo-si, and the land category was changed from forest to road.

C. From the time of the change of land category, the Defendant provided the instant land to the general public for traffic and passage, and occupied and managed it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 4 (including paper numbers), the fact inquiry reply by Jeju Special Self-Governing Province, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant provided the land of this case as a passage to the general public and acquired profits by occupying and using it, and thereby suffered losses to the plaintiff. Thus, the plaintiff, the owner of the land of this case, is obligated to return unjust enrichment from such possession and use to the plaintiff.

B. The defendant's assertion that the defendant paid compensation to E, who was the owner of the land of this case in around 1982, had a legitimate right to possess the land of this case since he constructed a road. Since the plaintiff purchased the land of this case with well-known knowledge that the land of this case is being used as the road, it cannot be deemed that any damage was inflicted on the plaintiff even if

3. Determination

(a) Where a local government purchases land from the former owner and fully pays the price, and completes road works, the land category of which has already been changed to a road for at least 20 years and has been used as a road, but it has been purchased twice, a person who intends to purchase land generally shall be the register, the Urban Planning Confirmation Service, and the

유사 판례

-제주지방법원 2016.12.30 2016가단52462

-제주지방법원 2017.04.07 2015가단56511

-제주지방법원 2017.09.22 2017가단50555

-제주지방법원 2017.04.14 2016가단57375

-제주지방법원 2017.05.26 2016가단10987