부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On December 30, 1967, the Plaintiff, B, and C completed the registration of ownership transfer on the ground of “the sale on December 28, 1967,” with respect to each of 1/3 shares in the land owned on December 2 and 3. B. The Plaintiff purchased 1/3 shares in the third land owned on December 27, 1971 and completed the registration of ownership transfer on the ground of sale on December 30, 1971. The Plaintiff purchased 1/3 shares in the third land owned on April 12, 1972 and completed the registration of ownership transfer on April 13, 1972 on the ground of sale on the said shares. (c) The Plaintiff purchased 1/3 shares in the land owned on February 7, 2005 and completed the registration of ownership transfer on the ground of the said shares on February 11, 205.”
E. The Defendant is a local government having jurisdiction over the Namgu Metropolitan City where each of the instant lands is located.
[Ground of recognition] Facts without dispute, Gap 1, 2, 5 evidence (including each number), the purport of the whole pleadings
2. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) The Defendant is obligated to install the sidewalk block on each of the instant land and to occupy each of the instant land by installing and managing telegraph poles, sewerage systems, and emergency fire extinguishing systems. (2) Therefore, the Defendant, the occupant of each of the instant land, is obligated to pay to the Plaintiff, who is the owner of each of the instant land, the share of KRW 1, 3, and 2/3 from May 4, 2011 to August 10, 201, the amount equivalent to the rent for the period from May 4, 2011 to KRW 7,601,19, and the delay damages calculated at the rate of KRW 15% per annum from August 11, 2017 to the full payment date, and to pay the amount equivalent to the rent calculated at the rate of KRW 115,656 from August 12, 2017 to the expiration date of possession of the share of KRW 2/3 and KRW 2/3 from among the land.
B. Determination 1 forms that the State or a local government occupies a road can be divided into possession and de facto control as a road management authority.