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(영문) 서울남부지방법원 2015.05.08 2014가단33004
토지사용료
Text

1. The part demanding the return of unjust enrichment arising after the date of closing argument in the instant lawsuit shall be dismissed.

Reasons

1. The real estate listed in the attached list of the Plaintiff’s claim (hereinafter “instant land”) is owned by the Plaintiff, and the Defendant occupies without title.

Therefore, the Defendant shall pay to the Plaintiff the amount of unjust enrichment equivalent to the rent from 10 years to June 15, 2014 from the filing date of the instant lawsuit, as well as KRW 21 million per annum from June 16, 2014 to the termination date of the use of the instant land.

2. We examine ex officio the determination on the legitimacy of the claim for restitution of unjust enrichment arising after the date of closing argument.

A claim for return of unjust enrichment equivalent to the future rent which a local government has set a period against a local government to "before the end of the use of the above land" is unclear at the time when the local government occupies or uses the land by taking measures for the closure of a road or at any time. Moreover, it may be purchased or expropriated by the local government without taking measures for the closure of a road, and the owner may continue to own the above land. Therefore, the restriction on the future period should be at an uncertain point at which the guarantee that the cause of nonperformance continues to exist until now.

(1) The part seeking the return of unjust enrichment arising from the completion of the use of the instant land after the closing date of argument in the instant lawsuit is unlawful.

3. Judgment on the remaining claims of the plaintiff

A. Regarding the plaintiff's assertion that the plaintiff sought the return of unjust enrichment, the defendant asserts that the plaintiff who acquired the ownership of the land of this case cannot seek the return of unjust enrichment since the land of this case is the land where the previous owner renounced the right to use

(b)the owner of a general loan shall directly provide it with the passage of residents or pass by residents.

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