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(영문) 수원지방법원성남지원 2019.01.24 2017가단218382
토지인도 청구 등
Text

1. The defendant against the plaintiffs

(a) 5% per annum from July 18, 2018 to January 24, 2019 for each of 3,040,047 won and for each of them;

Reasons

1. Basic facts

A. J and K completed the registration of ownership transfer in their name with respect to each of 1/2 shares of L 540 square meters (hereinafter “instant land before the instant partition”) in the area of 1/2 shares among the 1/2 shares of L 540 square meters (hereinafter “instant land before the subdivision”).

K died on May 15, 1993, and the Plaintiffs, their children, inherited 1/2 of the land before the instant subdivision, respectively.

J on November 24, 201, sold 1/2 of the land before subdivision of this case to M, and completed the registration of ownership transfer on the same day.

B. Attached 2. An appraisal map is indicated in the land before the instant partition.

With respect to a part 355 square meters, it was designated as a road by the NO urban planning decision and cadastral approval of the Gyeonggi-do public notice around 1978, and around 1985, it is known that the Gwangju-si P had conducted the road packaging work on the land prior to the subdivision as part of the Saemaul Movement in consultation with the residents of the delay in Gwangju-si. The Defendant installed a sewerage system and re-packaged the road with respect to the entire land prior to the subdivision of this case on June 1992.

C. The mother land of the instant land prior to the instant subdivision was Q. Q. Q. 1,851 square meters, which was acquired around July 1983 by J and K. The same year.

7. On July 1, 200, after dividing the above maternity land into R or L, the land category of divided lands, except the land before the instant subdivision, was changed from the answer to the site, and sold to the third party, respectively.

Attached 2. An appraisal map is indicated in the land before the division of this case.

Part 127㎡ is a de facto road connected to a divided Q, R or S site in the vicinity, and the above site is also located.

The portion is enclosed in the shape of a self-concept, b.

It is possible to enter a public road only through the part.

E. Since the J occupies and manages the Defendant by installing sewerage on the instant land prior to subdivision owned by the J without legitimate source of right, the Defendant’s unjust enrichment equivalent to the rent during the period from November 1, 2003 to October 31, 2009.

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