(영문) 수원지방법원 2018.11.15 2018나57193

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.11.15 2018나57193

부당이득금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The instant land was originally owned by J on May 31, 1976 by acquiring and owning its ownership, and the ownership was transferred to the Plaintiff on December 4, 2013 on the ground of donation.

B. Of the instant land, the instant road was a two-lane package from which the median line incorporated in I was separated through the compensation procedure around 1981 to 1983. Since then, as I was adjusted and expanded in a straight line, the route was abolished in I, and then is currently used as a body road and village access connected to I.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 6 evidence (including branch numbers), the purpose of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the road of this case owned by the plaintiff is occupied without any title, and thus, the plaintiff's claim for unjust enrichment equivalent to the rent is sought.

B. In the interpretation of the intent that a land owner renounces his exclusive and exclusive right to use and benefit from the land as a naturally occurring or as a planned road site and is actually being used as a road for the traffic of the general public, the determination shall be made by comprehensively taking into account the following: (a) the developments leading up to the ownership of the land in question or the holding period; (b) the details and scale of the sale of the remaining land in installments; (c) the location and nature of the land used as the road; (d) the relationship with other neighboring land; and (e) the degree of contribution to the land in question for the effective use and benefit of the remaining land partitioned and sold; and (e) the ownership of the land in question shall be sold by auction, sale, payment in substitutes, etc. after the original owner renounces his exclusive and exclusive right to use and benefit from part of the land; and (e) the residents have passed the land without compensation.

유사 판례

-서울중앙지방법원 2016.01.15 2014가단5332205

-수원지방법원 2016.10.28 2015나37822

-울산지방법원 2016.08.11 2015나23260

-부산지방법원 2017.03.07 2016가단38944

-의정부지방법원고양지원 2015.06.25 2014가단13191