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(영문) 전주지방법원 2014.04.24 2012가단42118
구조물철거 등
Text

1. The defendant shall pay KRW 60,437 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On December 19, 2006, the Plaintiff completed the registration of ownership transfer on the instant forest land.

B. Among the forest land of this case, the portion of (b), (c), and (d) was already used as a road before 1985, and the Defendant, in order to eliminate the inconvenience of residents, has put the asphalt package on each of the above parts, and thereafter, the Defendant installed the waterworks facilities and the sewerage facilities in (c) around 2006, respectively.

C. Regarding the forest of this case, the amount equivalent to the rent where there is no deposit for lease on the premise that the existing road exists, with respect to the portion of (b), (c), and (d) of the forest of this case is as follows:

(B) Part (C) (D) to December 31, 207 from January 1, 2007 to December 31, 2007 2,210 won per year from January 1, 2008 to December 31, 2007 20,370 won per year from January 1, 2008 to December 31, 2013 20,370 won 16,240 won 23,590 won/ [based on recognition] without any dispute, Gap evidence 1, Eul evidence, Eul evidence 1 to 3,5 through 7, 10, and 11; the result of the court’s request for survey and appraisal to appraiser C; the result of this court’s entrustment of appraisal and appraisal to appraiser D; the purport of the entire pleadings;

2. Determination:

A. According to the above facts finding as to the removal of facilities and the claim for rent, the defendant is obligated to remove the asphalt packing roads installed in the parts of (b), (c) and (d) of the forest of this case and the water supply and drainage facilities installed in the underground of the above, and deliver the above land to the plaintiff, unless there are special circumstances.

In addition, since it is apparent that the instant lawsuit was brought on December 21, 2012, the Plaintiff filed a claim against the Defendant for unjust enrichment equivalent to the rent from December 22, 2007, which amounting to five years of extinctive prescription of the claim against the State or local governments, to the Defendant. The Defendant is entitled to file a claim against the Plaintiff for unjust enrichment equivalent to the rent from December 22, 2007 to December 31, 2013. The amount equivalent to the rent from December 22, 2007 to December 31, 2013 = 60,437 won [i.e., KRW 3,300 x KRW 10/365 x KRW 10,36

) 60 won (=2,210 won x 10 days/365 days) 87 won (=3,210 won x 10 days/365 days) 20,370 won x 16,240 won 23,590) are liable to pay 60 won.

B. Consolation money.

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