부당이득금 반환
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽4호증(가지번호 포함), 을 1, 2호증의 각 기재, 변론 전체의 취지 M과 N은 대한민국 소유의 서울 서대문구 O 토지(이하 ‘분할 전 O 토지’)를 취득한 후 분할하여 택지를 조성한 다음 주택을 건축하는 사업(이하 ‘이 사건 사업’)을 추진하였고, 이에 따라 분할 전 O 토지는 서울 서대문구 L 대지 489평(이하 ‘종전 L 토지’)을 포함하여 27필지로 분할되었다.
In the process of the instant project, on November 27, 1959, the ownership transfer registration under the name of M and N was completed with respect to the previous L land. In the previous L land whose land category was changed to a road, the land category was divided into the previous L land on May 1, 1969, the P road 27 square meters on May 1, 1969, Qua road 346 square meters on January 23, 2013.
N on January 20, 1978, died, and the designated parties are the successors of the net N’s property.
2. The designated parties asserted that the Defendant occupied the instant land owned by the designated parties without title and obtained unjust enrichment equivalent to the rent. On the other hand, even if the right to use and benefit was waived, the designated parties asserted that the instant land was changed due to the change in the objective circumstances, which form the premise for the waiver of the said right to use and benefit therefrom, and that the designated parties would be able to exercise the exclusive right to use and benefit from the instant land again, and that the amount of each corresponding inheritance share stated in the attached Table is sought.
The defendant asserts that since M and net N offered the land of this case as a passage to neighboring residents, the designated parties renounced their exclusive and exclusive rights to use and benefit from each of the real estate of this case.
3. Determination
(a) a road, in fact being used as a public road for the traffic of the general public, where any of the relevant legal principles is established naturally or as a planned road site;