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(영문) 부산지방법원서부지원 2019.04.24 2018가단107761
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 and 2:

On December 1, 2014, the Plaintiff purchased from the Defendants a price of KRW 710 million for the purchase of the Gangseo-gu Busan Metropolitan Government Fro 595 square meters (hereinafter “instant land”) and its ground-based factory buildings in KRW 710 million, and completed the registration of ownership transfer on January 6, 2015.

B. The instant land is not directly related to the public road, and there are 2,165 square meters in Busan Gangseo-gu, Busan, which is a State-owned land between the instant land and the public road. The Defendants opened a concrete package access road connected to a part of the said State-owned land, which is 19 square meters in size among the instant land (hereinafter “instant passage”) around June to July, 2014 and a part of the said State-owned land.

2. On May 201, the Defendants asserted that the Plaintiff purchased 4842 square meters prior to the Busan Gangseo-gu Busan Metropolitan Government H, and constructed and sold a new 8 factory building on the above land. During that process, the land was divided into H, I, J, F, K, L, M, and N, and the Plaintiff purchased the instant land among them.

The Defendants opened access roads to part of the instant land without any title in the process of dividing the said land and selling factory buildings, and provided them to the neighboring factory owners access roads, thereby gaining profits equivalent to the sales price. Accordingly, the Plaintiff suffered losses not exclusively using the instant land.

Therefore, the Defendants should return to the Plaintiff unjust enrichment equivalent to the monthly rent.

3. In light of the following circumstances and facts, the above evidence, Gap evidence Nos. 14, Eul evidence Nos. 2, 3, 4, and 7, and the testimony and the whole purport of the testimony and arguments of the witnessO, the defendants can be acknowledged as having opened part of them as access roads to the land owner and offered them for passage to the surrounding land owner.

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