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(영문) 대전지방법원 2013.01.11 2012가합3245
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 11, 1967, G forest land was divided into 331,537 square meters and H forest land 11,901 square meters. The said G forest land was subdivided into 28,947 square meters and 302,590 square meters in G forest land again on October 16, 1995.

B. On February 26, 2001, J acquired ownership by winning the said G forest land at the auction procedure of K real estate auction in this Court K, and paying the price in full.

C. After acquiring the ownership of the above G forest, the J alleged that the Defendant occupied, occupied, and used the land of this case without permission when establishing and using the telecommunication relay station on the land of this case (hereinafter “the telecommunication relay station of this case”). On September 22, 2003, the J filed a lawsuit seeking the transfer of land, removal of buildings, and return of unjust enrichment on September 2, 2003 at the court below 2003Na47581, which was sentenced to the judgment of the court below, and on August 31, 2006, the appellate court decided that “the Defendant shall be paid to the J on September 22, 2003, from September 22, 2003 to 28,947 square meters of the above G forest of this case (the actual use part is 6,549 square meters) to 605 square meters and 2501 square meters of the above G forest of this case’s land and its claim for removal was dismissed.”

(hereinafter referred to as the "final judgment of the previous suit of this case").

On March 14, 2007, the said G forest was divided into 2,277 square meters of B forest, C forest land 2,152 square meters, D forest land 4,612 square meters, E forest land 19,905 square meters, respectively.

E. On January 21, 2008, the registration of transfer of ownership in the Plaintiff’s name was completed on January 21, 2008 with respect to B forest No. 2,277 square meters, C forest No. 2,152 square meters, D forest No. 4,612 square meters, E forest No. 1905 square meters.

F. On August 6, 2009, the land category of B forest land was changed from August 6, 2009 to miscellaneous land.

G. The relevant provisions on the appraisal of the instant land are as follows.

[The Public Notice of Values and Appraisal of Real Estate]

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