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(영문) 서울동부지방법원 2017.02.10 2015가단120209

부당이득금

Text

1. The defendant against the plaintiffs

(a) 897,270 won each and 5% per annum from February 1, 2017 to February 10, 2017;

Reasons

1. Facts of recognition;

A. On March 17, 2009, Nonparty E completed the registration of ownership transfer on the ground of the restoration of the true title of registration with respect to the land listed in the attached Form (hereinafter “instant land”).

B. On March 27, 2014, the Plaintiffs completed the registration of ownership transfer with respect to each of the shares 1/4 shares on the instant land by inheritance.

C. The instant land was used as G road around May 8, 1929, which was the Han River occupation period, as G road around May 8, 1929. The land category was changed on March 20, 1953, and thereafter was designated as H local highway I in Gyeonggi-do on February 1, 1968. On March 28, 2005, the land in this case was designated as J-ro local highway K as Gyeonggi-do local highway.

With respect to the instant land by the period of time, the rent for each period of time is as listed below, and when it is used as a road, the amount equivalent to the rent after October 15, 2016 of the instant land is KRW 54,842 per month (=658,110 ± 12 months, and less than KRW 12 months; hereinafter the same shall apply).

In the case of an annual rent for a fixed period of time, from October 15, 201 to October 14, 2011, 3,375,620, 557, 310 to October 14, 2011, to October 14, 15, 201, 50, 568, 940 to October 14, 201, 50, 30 to October 14, 2013, 30, 514, 30 to 305, 30, 3058, 201 to 30, 50, 50, 50, 516, 10, 50, 50, 208, 10, 15, 204 to 50, 205, 196, 16, 105, 2015 to 16, 2014

2. Determination as to the plaintiffs' claims

A. According to the above facts of recognition as to the cause of the claim, the defendant obtained a profit equivalent to the rent by designating the land of this case owned by the plaintiffs as a local route and occupying it as a road after carrying out packing construction, and thereby caused a loss equivalent to the same amount to the plaintiffs. Therefore, the rent is the difference.