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(영문) 서울서부지방법원 2014.01.23 2013가합34716

부당이득금

Text

1. The defendant,

A. 12,770,083 won to Plaintiff A, 5,472,892 won to Plaintiff B, and 3,648,595 won respectively to Plaintiff C and D.

Reasons

1. Facts of recognition;

A. The net E owns the land listed in paragraph 1 of the attached Table from June 9, 1970 to the present date, and the land listed in Paragraph 2 of the attached Table from December 28, 1973 to the present date.

B. From around 1969, the Defendant occupied and used each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) as a road.

C. The deceased on November 24, 1983, the deceased on November 24, 1983 succeeded to each of the instant land by 3/12, 3/12, 3/12, 10 children and Australia, H, DoI, and Plaintiff A at each of 2/12.

After that, on February 2, 2008, the deceased on February 2, 2008, Plaintiff B, 3/7, Plaintiff C, and D, their husband, inherited the above H’s share in each of the instant land in proportion to 2/7, respectively. Next, on August 10, 2010, the deceased on the deceased on the deceased on the part of the mother of the deceased on the deceased on the part of the deceased on the deceased on the part of the deceased on the deceased on the part of the deceased on March 18, 2012, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of his child, and the deceased on the part of the deceased on the part of his child, and the deceased on the part of the deceased on the part of the deceased on March 18, 2012 on each of the instant land x 1/3 of the deceased on each of the instant land x 3/7 of the deceased on the deceased on the part of the deceased on the part of 3/21/3/37 deceased on each of the deceased on each of the deceased on the deceased on the deceased.

As a result, the ownership relationship of each land of this case is as listed below.

[ table] 3/12 (2/12) (2/12) of the portion of the network I's share in the portion of the ownership of each land of this case for Plaintiff A B, Plaintiff C, Plaintiff C, 2/12 (2/12 of the portion of the network F's share in the portion of the network F for the network E x 1/12) x 1/37/252 of the part of the network F's share in the portion of the network F for network E x 2/12 (2/12 of the portion of the network I's share in the portion of the networkF for the network E x 2/12 (1/12 of the portion of the network F's share in the portion of the network F for the network E x 1/12) x 1/12 of the portion of the networkF's share in the part of the networkF for network E x networkF.