부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The Plaintiffs asserted that they were children or grandchildren of the deceased G (hereinafter “the deceased”) inherited 380 square meters of the H road in Seodaemun-gu Seoul, Seoul (hereinafter “the instant land”) owned by the deceased according to their inheritance shares. Since the Defendant took unjust enrichment equivalent to the benefits from the use of the road, such as designating the instant land as a road and occupying it without permission, the Plaintiffs seek payment against the Defendant of the amount of money as stated in the claims for unjust enrichment as part of the unlawful enrichment.
2. Where there is no dispute between the parties to the market, or in full view of the entries in Gap 1, 5, Eul 1 through 7 (including the paper numbers), and the purport of the entire arguments, the deceased purchased not more than 3,210 forest land of Seodaemun-gu Seoul on November 18, 1967 and divided into several parcels including the land of this case. The next year with permission to open a private road on April 16, 1974 for the land of this case.
6. Upon completion of the construction of private roads on the 20th of the same month, the land category of the instant land was changed from forest to road on the 22th of the same month, and the deceased sold the remaining partitioned land except the instant land, and it is recognized that the instant land was used as a road from around 1974 to the present point of view, as a passage through which the said divided land could come to a meritorious road.
As revealed in the above facts, the land of this case was divided from the land before the division to the private road, and the land category of this case was changed to the road after the deceased divided the land before the division; the land of this case was disposed of only the remaining divided land without being divided into the road; the land of this case is being used as the road for more than 40 years up to the present time for the division land; and the deceased, the owner of the land of this case, could not exercise a long-term right to the land of this case; provided that the land of this case was constructed as the road by the deceased as well as the land of this case as the road.