부당이득금
1. The counterclaim defendant (the plaintiff in the main lawsuit) shall enter the plaintiff (the counterclaim defendant) in the separate sheet No. 2 attached hereto among the real estate listed in the separate sheet No. 1.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. From November 15, 1919, the land listed in [Attachment 1 List 1 List 1 (hereinafter referred to as “instant land,” and all of the lands listed in the above List 1 in the same manner) was divided into HJ large 301 on November 15, 1919, and each of the instant two land was changed into a road as of June 15, 1920, and each of the instant two land was divided into a road on the same day. On October 28, 1940, from JJ large 80 on October 28, 1940 to J large 80, K large 178 to 4 land of this case, from L large 143 to 143 to 5 land of this case, from M large 392 to 6 land of this case, and from N large 541 to 7 land of this case, each of the instant land was changed into a road on the same day.
B. Since the time of the above division and land category change, each of the instant lands has been provided for the passage of general public and vehicles, etc. to the present time. The instant land 1, 2, and 7 were determined as P by the O of the notification of the Gyeongbuk-do on December 26, 1973. Since the instant land 3 through 7, the Defendant (the permanent resident group and Young-gun prior to the change of administrative area) occupied and managed the instant land.
C. The Plaintiffs, as co-inheritors of the deceased R on March 13, 1939 and deceased deceased on March 12, 1989, completed the registration of ownership transfer for the land of this case 1 through 5 on August 20, 2012 according to the co-inheritors’ share in the attached Table 2, and for the land of this case 6 and 7 on March 13, 1939, each of them completed the registration of ownership transfer for inheritance by agreement division.
Facts that there is no dispute between the parties concerned (in accordance with the basis for recognition), Gap evidence 1-1, 2, 2-1 through 7, 3-1, 2-4-1, 4-1 through 5, 52-1, 2, 54-1 through 3, 54-1, 55-1 through 5, 54-1, 55-1, 55-3, and the purport of the whole pleadings.
2. The assertion and judgment
A. The summary of the argument is that the defendant, without any legal ground, obtained benefits equivalent to the rent by occupying and using each of the lands of this case owned by the plaintiffs as a road and suffered damages equivalent to the same amount from the plaintiffs.