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(영문) 수원지방법원 2016.06.09 2015가단32932
지료 등
Text

1. The Plaintiff:

A. Defendant B shall be KRW 5,374,300, and Defendant C shall be jointly and severally and jointly with Defendant B, KRW 930,000.

Reasons

1. Basic facts

A. On June 29, 2009, the Plaintiff, the owner of the instant land, who had been authorized to use the instant land to Defendant B on June 29, 2009, and Defendant B, as the owner of E, F, and G, used the instant land as an access road to each of the above land. Defendant C purchased from Defendant B the land for H, 309 square meters on June 12, 2014, and used the instant land as an access road to the said land from that time.

B. On June 29, 2009, the Plaintiff requested the Defendant B to consent to the use of the instant land as the access road, which was intended to establish a factory on his own land, and received five million won in return, and provided the Defendant B with consent to the use of the road.

C. Defendant B established a factory with the Plaintiff’s consent to the use of roads attached thereto, and sold a part of the land to Defendant C.

Defendant B from June 29, 2009, Defendant C used the instant land as a passage route from June 12, 2014, but did not pay the usage fee.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including each number), the purport of the whole pleadings

2. Determination as to the claim of unjust enrichment equivalent to the amount of rent

A. According to the above facts finding that the obligation to return unjust enrichment occurred, Defendant B used the instant land from June 29, 2009, and Defendant C from June 12, 2014 to access to its own land, barring special circumstances, Defendant B is obligated to pay the amount of unjust enrichment equivalent to the rent from June 29, 2009 to the time when the Plaintiff lost its ownership or the Defendants terminated access to the instant land from June 12, 2014, and Defendant C jointly with Defendant B, barring special circumstances.

B. As to the Defendant B’s assertion, the Defendant C has a legitimate right to use the instant land as a passage at the time of purchasing his own land from the Defendant B.

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