부당이득금
1. The defendant shall be the plaintiff.
(a) 6,556,026 won and 15% per annum from June 23, 2016 to the date of complete payment.
1. Formation of a claim for return of unjust gains;
A. The facts that the Defendant occupied and used the attached Form 1 to 5 land owned by the Plaintiff (the ownership of the original B was owned by the Plaintiff on March 27, 1984 or the Plaintiff acquired ownership on April 20, 1950 due to the inheritance of property by agreement division or the inheritance of Australia on April 20, 1950; hereinafter referred to as “the land of this case” collectively referred to as “the land of this case”) as the site for the Cambs and Dambs (the Cambs and Dambs were constructed from 1956 to 1962 by the Cambs and Dambs and the Defendant comprehensively succeeded to the rights and obligations of the strengthened Land Improvement Association) do not conflict between the parties.
Therefore, barring special circumstances, the Defendant is obligated to return unjust enrichment from the use of the instant land to the Plaintiff, barring special circumstances.
B. (1) The defendant asserts that the land owner of the first land has renounced his right to use and benefit from the land when the reinforced land improvement cooperative had already been using the land as a ditch at the time of implementation of the construction of a DNA tide embankment, and the first land was used as a bank after the construction, and the first land owner has never demanded any compensation during that period, in light of the circumstances where the owner of the first land did not demand any compensation.
However, just because the defendant asserts, the owner of the land No. 1 cannot be deemed to have renounced his right to use and benefit from the land.
(2) The defendant asserts that he purchased the land 2 to 5, that since the reinforced land improvement cooperative lawfully purchased the land 2 to 5 and paid the price, it did not have the obligation to pay unjust enrichment to the plaintiff.
According to the statement in Eul evidence Nos. 3, 1963, the reinforced land improvement cooperative prepared a report on purchase of land in the E District (E zone purchase document) on April 12, 1963, with "5,068 won" and "DF on the west column" as "5,068 won" and "3, 4.