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(영문) 의정부지방법원 2018.11.22 2016가단28262
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 6,306,340 as well as 5% per annum from October 11, 2016 to November 22, 2018; and

Reasons

1. Facts of recognition;

A. On September 1, 2005, the Plaintiff is an owner who acquired ownership of B forest land B 595 square meters (hereinafter “B land”), C forest land C 1289 square meters (hereinafter “C land”), and D road 198 square meters (hereinafter “D land”).

(hereinafter referred to as “each of the instant lands”) B.

B Of the land B, “inboard which connects each point of which is indicated in the attached Form 2, 19, 18, 17, 6, 16, 15, 14, and 2, the part 358 square meters in the ship and the part 5 square meters in the attached Form 6, 20, 21, 21, 22, 23, 24, 16, and 6 among the land C, the part 5 square meters in the order of each point of which is indicated in the attached Form 2, 19, 18, 17, 6, 16, 14, and 6, 20, 20, 21, 23, 24, 16, and 7, the part 179 square meters in the ship and the part 19 square meters in the attached Form 7, 25, 21, and 7.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, and 4; the result of the on-site verification by this court; the result of appraiser E’s survey and appraisal (the defendant is not cadastrally inconsistent with each of the lands of this case; thus, the boundary of each of the lands of this case should be surveyed according to the reality, not the boundary in the cadastral map, but the boundary in the cadastral map. The evidence submitted by the defendant and the result of the fact inquiry by the court on the Government viewing by the court cannot be readily concluded that each of the lands of this case differs from the cadastral map as the cadastral non-conformity and the boundary in the cadastral map, and there is no other evidence to deem otherwise that the appraiser E committed any error in the outcome of appraising the boundary of each of the lands of this case and the location of the railroads

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is, without legal grounds, to install railroads on the ground part of “2”, “5”, “viis”, and “8” indicated in the separate drawings among each of the instant lands owned by the Plaintiff, without any legal grounds.

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