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(영문) 전주지방법원 2021.02.05 2019가단12710
부당이득금
Text

1. The defendant shall be the plaintiff.

A. From May 22, 2019 to May 31, 2019, 15% per annum, and 16% per annum, from May 22, 2019 to May 31, 201, respectively.

Reasons

1. Facts of recognition;

A. An agricultural company E Co., Ltd. (the last one was changed to A Co., Ltd. and the plaintiff in succession).

On April 25, 2013, the Plaintiff (hereinafter referred to as “Plaintiff”) purchased the F Real Estate Free Auction Procedure (hereinafter referred to as “instant land”) of G Co., Ltd. (hereinafter “G”) B large 238 square meters, the said H-road 136 square meters (hereinafter referred to as “instant land”) and the said I-road 367 square meters (hereinafter referred to as “third-party land”), and the said I-party 367 square meters (hereinafter referred to as “the instant land”). In the case of a common name of each of the instant land, the Plaintiff purchased each of the instant land.

B. Each land of this case has been used as a road since 1969.

on September 30, 1975, North Korea-do designated and publicly announced each of the instant land as urban planning facilities (JJ). On January 4, 2019, the Defendant changed and publicly announced each of the instant land to L (M).

(c)

Each land of this case is packed and offered for public passage.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including branch numbers), Eul evidence Nos. 6 and images, and the court's factual inquiry into Jeollabuk-do, the purport of the whole pleadings

2. The form of occupation of a road by the State or a local government can be divided into possession and possession as a de facto controlling body of the road management agency. As such, if, in fact, a road is determined to recognize routes under the Act, or a road is established by implementing an urban planning project under the Urban Planning Act, possession as a road management agency may be recognized starting from the point of time. However, even if the construction of a road is not conducted by the State or a local government, it shall continue to meet the form of a road by carrying out construction works in fact necessary on private land where the State or a local government was actually public or not public for general traffic from the previous date, and then, it shall continue to be a road traffic of the general public.

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