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(영문) 서울중앙지방법원 2020.05.19 2018가합551433

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. J (hereinafter “the deceased”) completed on June 18, 1970 the registration of ownership transfer in its name with respect to the land of Yongsan-gu I to 382.1 square meters (hereinafter “the instant land”).

B. On the instant land and its side, the building was newly constructed on the ground of 382.5 square meters (hereinafter “Adjoining land”) and on the ground, and the approval for use of the said building was issued on April 29, 1976.

The above building is divided into Lho Lakes on the neighboring land and Mhos on the land of this case (hereinafter referred to as "Mhos building for convenience"). On October 4, 1976, the registration of preservation of ownership was completed in the name of the deceased for the parts indicated in the attached list among Mhos building (hereinafter referred to as "the part of the building of this case"), and on July 21, 197 for the remaining part of Mhos building (hereinafter referred to as "the part of the building of this case") under the name of the deceased.

C. While the registration of ownership transfer was completed on several occasions with respect to the instant building parts, the Defendant completed the registration of ownership transfer for one-half of the above building parts on April 30, 1980, and the remaining 1/2 of the building portion on August 8, 1983 under each of them.

As the deceased’s heir, the Plaintiffs completed the registration of transfer of ownership on June 28, 2016, as the deceased died on December 2, 2015, with respect to the shares of 3/15 shares in the instant land and the remaining building on June 28, 2016, and the remaining Plaintiffs completed the registration of transfer on each of 2/15 shares due to inheritance.

(Registration) The name of the plaintiff A was written as "O". [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, 6 through 13, Eul evidence Nos. 2 through 4, and the purport of the whole pleadings.

2. According to the facts established on the basis of the determination of the cause of the claim, barring any other special circumstances, the Defendant occupied the above land by owning the building portion on the instant land owned by the Plaintiffs, and at the same time gaining profits from the possession and use thereof, and the Plaintiffs are the same.