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(영문) 인천지방법원 2020.01.14 2018나70298

부당이득금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Quotation of the first instance judgment

A. The grounds for appeal by the plaintiffs do not differ significantly from the allegations in the first instance court except for adding the following arguments in this court. Even if the evidence submitted in the first instance court shows each evidence, the neighboring land was divided in the process of building and selling a housing site, and the road of this case was constructed at the same time as the site was constructed. On June 4, 191, the plaintiffs filed an application for a land category change of the first and second land categories of the road of this case, which constitute the road of this case, from "the front" to "the road" on the ground that the plaintiff completed the alteration of the form and quality on December 13, 190. The road of this case is provided as a passage through the neighboring housing site and its passage is being provided, and there is no road of this case, the use of the road of this case by the plaintiff et al. can be considerably hindered, and it is reasonable to view that the plaintiff et al. granted exclusive rights to use the road of this case as the purchaser of the land divided by the road of this case or the people within the housing site.

B. Therefore, the reasoning of the judgment of the court of first instance is to delete the part of the 3rd part of the judgment of the court of first instance, “I have not occupied the road of this case,” and to dismiss “each entry” in the 4th part 9 and 10th part of the judgment of the court of first instance as “each entry and video,” respectively, and “3. conclusion” in the 5th part as “4. conclusion.” As to the assertion added by the plaintiffs in this court, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except for the addition of the following judgment as to the assertion added by the court,

2. Additional determination

A. The gist of the plaintiffs' assertion.