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(영문) 수원지방법원 안양지원 2017.04.26 2016가단109398
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is owned by the Plaintiff. Since the Defendant cultivated seedlings on its ground and occupied them, the Plaintiff is obligated to confirm that the Plaintiff has ownership of the said land. The Defendant collected the said crops, and pay the Plaintiff the amount of unjust enrichment equivalent to the rent.

B. The Defendant’s assertion 1) The land possessed by the Defendant is not the land of this case, but the land of this case is not the land of this case, and is the land of this case 4 free forest land located in Pyeongtaek-gun, Chungcheongnam-gun.

(2) If the instant land and the instant land are identical to the land between the instant land and D, the registration of preservation of ownership of the netF on the instant land is null and void because it was made after the registration of preservation of ownership of the E on the instant land, and thus, the Plaintiff, the heir of the networkF, is not the owner.

3 Since January 1990, the Defendant occupied the instant land C, so the prescription period for possession was completed around January 2010.

Therefore, the defendant cannot make a claim based on ownership against the plaintiff.

2. Whether the instant site C and the instant D forest are identical to the land

A. The Plaintiff filed the instant claim based on the ownership of the instant land C, and the Defendant asserted that the land owned by himself is not the said land, but the instant forest registered as the owner E, and thus, first, we examine whether the said two land is the same land, and whether the Defendant occupied the said land.

B. Entry in the registry of recognition - On April 30, 1936, E (H in the address in the registry) completed the registration of preservation of ownership on the land of this case with respect to the land of this case, in the Hagu-gun, Ma 1388 square meters adjacent to each other.

- With respect to the instant site C, the Plaintiff’s father network F on August 26, 1980 is the Gu.

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