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(영문) 의정부지방법원 2018.10.05 2018가단111304

부당이득금

Text

1. The defendant, respectively, against the plaintiffs:

(a) KRW 5,531,563 as well as 5% per annum from April 18, 2017 to October 5, 2018;

Reasons

1. Basic facts

A. On October 14, 1965, JJ 322, which was owned by the network I, was divided into J 18, F 185 and K 119, and the network L acquired the F 185 square meters ownership from April 22, 1966. < Amended by Act No. 1850, Apr. 22, 1966>

F 185 square meters was divided into F. F. F. 136 square meters and M. 49 square meters on February 25, 1971, and the F. F. 136 square meters was changed to a road, and the F. 136 square meters was incorporated into the N.W. 1972.

The F road 136 square meters was divided into 344 square meters and G road 106 square meters on April 20, 1976. Of them, G road 106 square meters was further divided into 86 square meters and 20 square meters on March 4, 1994.

(hereinafter in sequence, “instant land”, “this case’s land”, “this case’s land”, and “the instant land”, and “each of the instant land” in the common sense.

On October 21, 1998, the deceased on October 21, 1998, the spouse O acquired 3/11 shares of each land of this case, and Q 2/11 shares of each of the respective 2/11 shares of each of the respective land of this case.

P among the deceased L spouseO and children, is proceeding with the same lawsuit against the defendant as a separate suit (this Court 2018 Ghana 111328).

C. The defendant uses each of the lands of this case as a road and occupies and manages them.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 9, 10, Eul evidence Nos. 1, 2, 3, 4, 7, 8, 9, and 9 (including each number), the purport of the whole pleadings

2. Determination:

A. The Plaintiffs asserting that, from April 22, 1966, the deceased L acquired the ownership of each of the instant land, the Defendant was incorporated into NL and used for unlawful occupation and use, thereby seeking a return of unjust enrichment equivalent to the rent for each of the instant lands from March 16, 2012.

The plaintiffs seek return of unjust enrichment from March 16, 2012, in response to the date of the filing of the instant lawsuit and the date of the instant lawsuit, which is related to the instant case, even in different names, the Plaintiffs seek return of unjust enrichment from March 16, 2012, and the Defendant is also specially entitled to this part.