지료 청구의 소
1. The plaintiff (Counter-Defendant) is listed in the separate sheet No. 2 from each land listed in the separate sheet No. 1 to the defendant (Counterclaim plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The deceased I (hereinafter “the deceased”) completed the registration of ownership transfer based on sale on December 9, 1969 with respect to each land listed in [Attachment 1] Nos. 1 and 2 of [Attachment 1] on December 20, 1969, and with respect to each land listed in [Attachment 1] Nos. 3 and 4 of [Attachment 1] on May 2, 1970.
B. The instant land was incorporated into “J Corporation” (hereinafter “the instant land”) executed by the Defendant around 1973, and the Defendant occupied and managed the instant land from before to around May 8, 1974 after changing its land category from before to road.
C. On June 15, 1996, the Deceased died, and the deceased’s inheritors succeeded to the inheritance shares in the instant land of Plaintiff F, Plaintiff G, and H, who died on May 4, 2017, while the deceased’s wife died on the part of Plaintiff B, the deceased’s wife, and Plaintiff C, D, and H, who were their wife.
The plaintiffs' shares in inheritance on the land of this case are as shown in attached Form 2.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings
2. Determination on the main claim
A. The gist of the parties’ assertion 1) Since the Defendant occupied and used the instant land without any right source, it is obligated to return unjust enrichment to the Plaintiffs. The Plaintiffs are entitled to priority claim for only KRW 100,000,000, which is part of the unjust enrichment equivalent to the rent from November 16, 2008 to November 16, 2018. The Defendant paid reasonable compensation to the Deceased and purchased the instant land from the Deceased to occupy and use it as a road site. Thus, the Defendant cannot comply with the Plaintiffs’ claim.
B. Each statement in the evidence Nos. 1 through 6, 10, 11, 13, and 20, the following circumstances, which are acknowledged as being added to the purport of the entire argument, namely, ① the deceased is set as compensation for the land of this case on June 7, 1973, and 663.