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(영문) 서울중앙지방법원 2017.06.07 2015가단53887
임료
Text

1. The defendant

(a) Of the area of 278 square meters in Hanam-si B, each point of the attached Form 1, 10 through 16, 5 through 9, 1.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of transfer of ownership with respect to the land of this case, which was 278 square meters (hereinafter “instant land”) prior to Hanam-si Cdong (hereinafter “Cdong”) in Suwon-si (hereinafter “Cdong”). The Plaintiff completed the registration of transfer of ownership on June 12, 1987 as the receipt No. 14793.

B. On November 4, 1991, the Defendant completed the registration of ownership preservation as to D roads 843 square meters (hereinafter “instant roads”), which was received on November 4, 1991 by the Sung-nam Branch of the Suwon District Court, and publicly notified the said roads as E and F roads on March 27, 2006.

(G) Gyeonggi-do Notice G.

On April 16, 2015, the Defendant, adjacent to the instant road, installed U-type survey tool (Ga x height, 40 x 30 cm) for drainage on the part 32 square meters in the ship, which connects each point of 1, 10 through 16, 5 through 9, 1. Of the instant land, pursuant to the iron pents installed by the Defendant, along with the steel pents installed by the Defendant, and laid the sewage pipe underground.

(hereinafter “the instant drainage route”). D.

Before 2011, the Plaintiff installed iron pents on the part of contact between the instant land and the instant road.

In contact with the land of this case, the part of the road of this case was a ice package. At present, the part installed with the drainage hole of this case was a pents.

E. The amount equivalent to the rent for the pertinent land through the instant drainage is KRW 69,230 per month after March 25, 2015.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 13 (including the number of branches), the result of on-site verification, the result of surveying and fee appraisal, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, without title, installed the drainage of this case and occupied part of the land of this case.

It is necessary to seek reimbursement of KRW 4,646,00 in total amount of unjust enrichment equivalent to rent from March 25, 2010 to March 24, 2016, and KRW 69,230 in excess of monthly rent after March 25, 2016.

B. The Plaintiff installed the Defendant’s pension and this case’s road.

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