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(영문) 창원지방법원 2017.06.02 2015가단77376

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 5, 1913, C was under the circumstances that the Ddong (hereinafter “Ddong”) from the window of Changwon-si (hereinafter “Ddong”) E prior to 525 square meters (hereinafter “Before subdivision”).

B. The land before subdivision was partitioned into 88, B, 185, and G 252, respectively, prior to November 28, 1920. The details of the subsequent subdivision of land and ownership change are as shown in the annexed Table 1.

C. B, on November 28, 1920, the previous 185 square meters of land category was changed to a road (hereinafter “instant land”) and was incorporated into a road section (hereinafter “instant land”). On August 31, 1971, it was designated as a national highway H in accordance with the Presidential Decree on the Designation of General National Road Routes, and on June 23, 1978, it was designated as J as a public announcement of Gyeongnam-do.

From June 23, 1978, Changwon-si offers the land to the general public for passage while occupying and managing the land in this case.

On the other hand, C died on December 23, 1931, and thereafter the inheritance relationship is as shown in the attached Table 2.

In around 2012, K and L, M, N,O, P, Q, R, Te, T, U, and V, who are acting successors, were agreed on the division of inherited property to own the land of this case, which is inherited property.

E. On March 19, 2012, the Plaintiff completed registration of initial ownership relating to the instant land.

[Reasons for Recognition] Facts without dispute, Gap 1 through 5, Eul 1 through 27 (including partial numbers), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant: (a) obtained profit equivalent to the rent by occupying and using the instant land owned by the Plaintiff as a road; and (b) thereby, suffered damages equivalent to the same amount from the Plaintiff, the owner.

Therefore, barring special circumstances, the Defendant is obligated to return the amount equivalent to the rent from June 1, 2010, which the Plaintiff seeks, to the end of occupation due to the closure of the Defendant’s road or to the day of loss of Plaintiff’s ownership, as unjust enrichment.

3. Judgment on the defendant's assertion

A. The defendant's assertion.