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(영문) 인천지방법원 2019.12.03 2019나63662
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after the appeal.

purport, purport, and.

Reasons

1. After the process of litigation and remanding, the Plaintiff filed a claim for restitution of unjust enrichment against the Defendant, asserting that the Defendant occupied and used the land of 218 square meters in Kimpo-si, Kimpo-si, Kimpo-si, which is owned by the Plaintiff, gains profits from the use of the said land without any legal ground, and thereby, incurred losses equivalent to the same amount to the Plaintiff. However, the first instance court dismissed the Plaintiff

Therefore, the Plaintiff appealed, and before the remand, this Court accepted the remainder of the Plaintiff’s claim, excluding the part relating to delay damages, and rejected the remainder of the appeal.

Therefore, the defendant appealed, and the Supreme Court reversed the part against the plaintiff and remanded it to this court.

Therefore, since the part against the plaintiff in this court prior to remand is judged separately by the above judgment, the scope of this court's trial after remand is limited to the part cited by this court prior to remand among the plaintiff's claims.

2. Basic facts

A. As a part of the village structure improvement project implemented from around 1979, Kimpo-si established a road that expands its width to eight meters by incorporating the surrounding land of the Gu road in Kimpo-si. The neighboring land owners including the Plaintiff filed an application for land division and land category change to a road on their own with respect to the land included in the expanded road site.

B. On October 19, 1971, the Plaintiff acquired the ownership of D large 2,969 square meters (hereinafter “land prior to subdivision”). On February 19, 1981, the Plaintiff obtained permission to divide the “Incorporation into four parcels (D large 2,69 square meters, F road 10 square meters, F road 218 square meters, and G road 42 square meters) of land prior to subdivision on the condition that the “road incorporation” was a ground for subdivision, and that the “road conversion into a road” was a ground for subdivision.

The land before subdivision was registered as a four parcel as permitted on July 14, 1981, but it was then registered as a four parcel. However, the land at issue does not exceed 218 square meters in Kimpo-si.

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