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(영문) 서울중앙지방법원 2019.11.27 2019가합524827
부당이득금
Text

1. The defendant,

A. Plaintiff B: KRW 24,978,00, Plaintiff C and D, respectively, KRW 87,426,00,00 for each of them; and KRW 87,426,00 for each of them.

Reasons

1. Basic facts

A. On January 20, 1992, net G, Plaintiff E, and F completed the registration of ownership transfer with respect to each 1/3 of the lands listed in the separate sheet No. 1 (hereinafter “instant land”) on October 15, 1993 due to inheritance by consultation and division.

B. On August 16, 2019, the deceased on August 16, 2019, during the instant lawsuit, the 1/3 shares of the instant land owned by the deceased G was inherited by Plaintiff B, the wife of the network G, and Plaintiff C and D, the children of the network G, according to their statutory shares in inheritance, respectively, by 2/7. On September 11, 2019, the said Plaintiffs taken over the case of the deceased G.

C. The location and shape of the instant land are as shown in the attached Form 2, and the Defendant has been using the instant land as facilities for military training by installing personal protection, irrigation protection, fire protection, electric car parking, traffic signs, tactical roads, steel nets, etc. (hereinafter “military installations of this case”).

The instant land is designated as a restricted protection zone under the Protection of Military Bases and Installations Act, and there are no buildings and other facilities on the ground of the instant land.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 5, 8 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and images; the result of the measurement and appraisal commission to the chief executive officer of the Korea Land Information Corporation and the branch office of the Korea Land Information Corporation and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant: (a) installed the instant military installation in the attached Form 2(a) through (e) and occupied the entire land of the instant case without any legal cause; and (b) caused damages to the Plaintiffs; and (c) accordingly, the Defendant is obligated to pay to the Plaintiffs money equivalent to the amount equivalent to the rent of the instant land from September 1, 2013 to the end of the occupation of the Defendant’s land.

B. Of the instant land by the Defendant, the part equivalent to approximately 12% (2,346 square meters in total, 19,835 square meters) among the instant land.

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