부당이득금
1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.
1. Basic facts
A. On December 8, 2015, the Plaintiffs: (a) purchased a successful bid for the compulsory auction procedure and completed their registration of ownership transfer as to shares of 1/2 shares on December 11, 2015 each of the following: (b) the wife population H 42 square meters (hereinafter “instant 1”) and the wife population I 36 square meters (hereinafter “instant 2”) as to the share of each of the instant 1/2 shares on December 11, 2015.
B. The land of this case 1 and 2 is divided into 50 meters in length and 0.8 meters under side, and is divided into 3,740 square meters in length, and around February 195, the land of this case 1 was divided into 3,112 square meters in the land of this case. The land of this case was divided into 40 meters in length and 0.8 meters in bottom side. The land of this case 2 was divided into 3,740 square meters in the land of E apartment constructed around June 1995, and the land category of this case 2 was changed to “road” around that time.
C. Since that time, the land of this case 1, 2 divided as above was provided as the passage of the residents having access to the above Legz Center and apartment complex, and accordingly, the Defendant occupied and managed it as a road.
[Basis] Evidence Nos. 1 through 8, Eul's evidence Nos. 1 through 4, Eul's evidence Nos. 14 (including each number), and the purport of the whole pleadings
2. Whether a claim for return of unjust enrichment has arisen;
A. According to the above facts of recognition as to the cause of claim, the defendant who occupies and manages the land of this case 1 and 2 owned by the plaintiffs as a road passing through the residents of the above land, gains profits from using the above land as a road, and thereby causes damages equivalent to the same amount to the plaintiffs. Thus, barring any special circumstance, the amount of rent for the land of this case 1 and 2 shall be equal to the plaintiffs.