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(영문) 서울중앙지방법원 2015.10.22 2014가단5288162

부당이득금

Text

1. The defendant

A. Plaintiff A: KRW 1,778,060, KRW 1,428,030 to Plaintiff B, and KRW 813,00 to Plaintiff C, and KRW 4,00 to Plaintiff D, E, and F.

Reasons

1. Basic facts

A. On December 15, 1985 and December 21, 1985, the real estate listed in paragraph 1 of the attached list and paragraph 2 of the same list (hereinafter referred to as "the attached list") stated in paragraph 2 of the attached list were each donated, and the real estate listed in paragraph 3 of the attached list were transferred to the Plaintiff on August 31, 2005 due to the consultation and division, and the real estate listed in paragraph 4 of the attached list were transferred to the Plaintiff on November 2, 1994 due to the gift. The real estate listed in paragraph 5 of the attached list was transferred to the Plaintiff C, D, E, F (1/4 shares) on June 2, 1994 due to the consultation and division, and each ownership transfer registration was completed in the future on June 2, 1994.

(hereinafter the above real estate is referred to as "each land of this case", and individually referred to as "each land of this case" according to the sequence listed in the separate sheet. B

The land category of each of the instant lands was the initial answer, rice or forest land, but was changed to the road on July 24, 1995 or October 4 of the same year.

C. Each of the instant lands is used as a road after the Aspart construction was completed on the site of the State-funded local highway 88, which was included in the site of the State-funded local highway before and after 1995, and the Defendant manages the said road as a road management agency.

[Reasons for Recognition] Unsatisfy, Party A’s entry or video (including each number, if any) with Gap’s evidence, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, the defendant occupies each of the lands of this case after around 1995 by using it as a road. Thus, barring any special circumstance, the defendant is obligated to return unjust enrichment equivalent to the rent from October 16, 2009 to the expiration date of possession due to the closure of the road of this case or the day of loss of the plaintiffs' ownership after acquiring the ownership of each of the lands of this case to the plaintiffs, who are the owners of each of the lands of this case.

(b) The scope of return of unjust enrichment shall be limited to the land occupied and used by the State or a local government as a road.